First Nations in the Capital Regional District — A P R I M E R —
October 2013
Table of Contents INTRODUCTION 5
BACKGROUND AND CONTEXT 7 First Nations and Treaties 8 What are Douglas Treaties? 9 Today’s Treaty Process 10 Te’mexw Treaty Association 12 Pacheedaht Treaty Table 12 First Nations and Land Management in the CRD 12
REGIONAL FIRST NATIONS 15 Esquimalt Nation 16 Malahat Nation 18 Pacheedaht First Nation 20 Pauquachin 23 Sc’ianew First Nation (Formerly Beecher Bay) 25 Songhees Nation 28 Tsartlip First Nation 31 Tsawout Nation 35 Tseycum First Nation 40 T’Sou-ke Nation 43
INFORMATION SOURCES 47
5
The Capital Regional District (CRD) includes ten First Nations with reserve lands in the region:
• Esquimalt Nation • Malahat Nation1 • Pacheedaht First Nation • Pauquachin Nation • Sc’ianew First Nation
(Beecher Bay)
• Songhees Nation • Tsartlip First Nation • Tsawout First Nation • Tseycum First Nation • T’Sou-ke Nation
There are a further eight First Nations whose traditional territories include a portion of the CRD (including the Southern Gulf Islands) who would have had historic political relationships with the 10 principal First Nations this guide features. These eight First Nations would have fished, hunted, gathered and, in some cases, had seasonal settlements in the region.
This primer was created to provide a summary overview of the 10 principal First Nations with reserve lands within CRD. It is designed to introduce CRD staff, CRD board members, and member municipalities to these communities and provide supporting information for the CRD’s Regional Sustainability Strategy (RSS). It is the third document in a series of information products produced by the CRD. The other two documents, a CRD Fact Sheet and an RSS Fact Sheet, are designed to introduce First Nations governments to the regional district and its regional growth strategy planning process.
In addition to meeting legislative requirements around First Nations engagement for the RSS, the CRD Board recognizes the value of greater collaboration with First Nations in providing an opportunity to identify common areas of interest and opportunities, build relationships and foster cooperation.
Although First Nations are not obliged to participate in regional planning matters, nor are they signatories to the RSS, the RSS planning process provides an opportunity to learn about First Nations’ aspirations, better understand their interests on regional matters, and an opportunity to potentially expand and improve regional planning and service delivery between and amongst CRD member municipalities and First Nations in the region.
1 Malahat Nation has its primary settlement in the Cowichan Valley Regional District however they have shared ownership with four WSÁNE (Saanich) nations of a reserve in the CRD.
Introduction
Capital Regional District, Executive Services T: 250.360.3156, shallatt@crd.bc.ca
6
FIRST NATIONS IN THE CAPITAL REGIONAL DISTRICT: A PRIMER
For each of the 10 First Nations with reserves in the CRD (see Figure 1), this primer provides the following information:
• Overview: A brief summary overview of the First Nation, including its location and demographics (on- and off-reserve population), government, and language(s)
• Treaty Status: An overview of the First Nation’s status as a Douglas Treaty community and/or where they are in the BC Treaty Process (i.e., which stage)
• Service Agreements: An overview of any existing service agreements with the CRD or member municipalities, including service arrangements.
• Protocols and Agreements: An overview of any existing protocols, memoranda of understanding, or other policy agreements with the CRD or member municipalities
• Planning Context and Current Initiatives: An overview of the First Nation’s current planning initiatives and their status (e.g., land use plan, comprehensive community plan, Land Code)
7
With its temperate climate and rich natural resources, the area that present day CRD occupies has been home to First Nations for thousands of years. The archaeological record is still incomplete, but it is clear that people have lived on Vancouver Island for at least 5,000 years and likely much longer2. In BC, first contact between European explorers and First Nations occurred in the 1770’s by Spanish and British navigators.
Forts and trading posts established by the North West Company, Hudson’s Bay Company and others soon followed, and First Nations were confined to small reserves that
were not reflective of the larger territories in which they previously lived and travelled. They were provided with inadequate education and discriminated against in numerous ways. As a glaring example, status Indians only gained the right to vote in 1960. Despite massive population declines due primarily to introduced diseases like smallpox, and formal government policies of control, displacement and assimilation, First Nations communities and cultures have survived.
The CRD encompasses the traditional territories and historic villages of nine principal Coast Salish First Nations (Esquimalt, Songhees, Pauquachin, Tseycum, Tsawout, Tsartlip, Sc’ianew, T’Sou-ke, and Malahat) and one Nuu-chah-nulth First Nation (Pacheedaht). Between these
First Nations six languages are represented (four of which are sometimes considered dialects of a common language). A further 8 First Nations have traditional territory in the CRD who would have had political relationships with the 10 principal First Nations this guide profiles, and who would have traded, fished, hunted, gathered and had small, seasonal settlements in the region. Traditionally, the people of each First Nations village lived a distinct way of life in terms of their governance and ceremony.
2 Namu, on BC’s north central coast is considered one of BC’s earliest radiocarbon dated site on BC’s coast. Archeological investigations at Namu have provided a cultural chronology that extend back almost 10,000 years (source: Simon Fraser University, Department of Archeology)
Background and Context
collections.
Victoria, British Columbia.
FIRST NATIONS IN THE CAPITAL REGIONAL DISTRICT: A PRIMER
Today, many First Nations are reconnecting with their culture and traditional practices, asserting control over the management of their lands, and developing new and expanded governance and land use planning capacities. Many are also pursuing self-governance.
This section explores the BC’s unique history of treaty making with First Nations. It explores the two types of treaties that exist or are in development in the CRD – Douglas Treaties and the modern BC treaty process.
Aside from a small number of treaties – called the Douglas Treaties (or Vancouver Island Treaties) and Treaty 8 - signed in the mid-1800s, no treaties were completed in BC until the end of the 20th century. Most other regions in Canada had signed formal treaties by the early 1900s, or even as early as the mid-1700s in parts of eastern Canada.
The BC Treaty Commission and accompanying modern treaty process were established in 1992 with the belief that settling outstanding land and title issues would be good for First Nations and good for the Province. The Tsawwassen Treaty (effective in 2009) was the first Treaty completed in this new process and the Maa-nulth Treaty (effective in 2011) was the second (the Maa-nulth Treaty includes five First Nations located in the Alberni-Clayoquot and Strathcona Regional Districts). The Nisga’a Treaty (located on the northwest coast of BC) was the first modern day treaty brought into effect in 2000, but it was completed outside of the current BC Treaty Commission process. Bands that have completed the treaty process and have an effective treaty are referred to as ‘Treaty First Nations’.
“First Nations”, “Nations”, “Bands” – What do they mean? What’s the difference?
“Band” or “Indian Band” is a term that was created through the Indian Act. When the Act was created in 1876, First Nations communities throughout BC were grouped and designated to specific reserves. Often this meant that communities traditionally connected were split apart and others were grouped together – for the purposes of federal government administration. Locally, the WSÁNE People (Saanich) were divided into the Pauquachin, Tsawout First Nation, Tsartlip First Nation and Tseycum First Nation. Similarly, the Lekwungen speaking people were divided into the Esquimalt Nation and Songhees Nation,
Many First Nations no longer refer to themselves as “Band” or “Indian Band.” The term “Band” is rejected by some because of its association with the Indian Act. Instead, some now refer to themselves (formally or informally) as Nation, First Nation, Tribe or Government. Others have chosen to take a name that has no English qualifiers at all, like Pauquachin.
First Nations and Treaties Past and Present
9
As modern treaties are finalized and implemented across the province, local governments and Treaty First Nations will be better able to understand how their neighbouring governments function, and the opportunities that closer working relationships could bring. In fact, Treaty First Nations can become full members of regional districts, and this has happened in several instances throughout the province.
Douglas Treaties, also sometimes referred to as the Vancouver Island Treaties, are a series of 14 land purchases from aboriginal people around Victoria, Saanich, Sooke, Nanaimo and Port Hardy, made in the mid to late 1800’s by James Douglas, chief factor of Fort Victoria and governor of the colony of Vancouver Island. Douglas Treaties cover approximately 927 square kilometres (358 square miles). Eight of the ten First Nations with land in the CRD are part of the Douglas Treaties.
What are Douglas Treaties?
Douglas Treaty Content
The following excerpt is from the “Chewhaytsum Tribe - Sooke” Douglas Treaty.
“The conditions of our understanding of this sale is this, that our village sites and enclosed fields are to be kept for our own use, for the use of our children, and for those who may follow after us and the land shall be properly surveyed hereafter. It is understood, however, that the land itself, with these small exceptions, becomes the entire property of the white people forever; it is also understood that we are at liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.”
This treaty paid approximately “forty-five pounds ten shillings sterling” for the lands. There is no mention in any of the treaties about signing over the right to self-govern.
Source: Aboriginal Affairs and Northern Development Canada, Treaty Texts, Douglas Treaties
What is a modern day treaty?
Negotiated between First Nations in the BC Treaty Process and the federal and provincial governments, a treaty is a legal and constitutional agreement outlining the respective rights, responsibilities and authorities those parties have over areas such as land ownership, governance, wildlife and environmental management, financial benefits, and taxation. A treaty is also a full and formal expression of reconciliation between First Nations and federal and provincial governments.
Adapted from the B.C. Ministry of Aboriginal Relations and Reconciliation website. http://www.gov.bc.ca/arr/treaty/faq.html
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FIRST NATIONS IN THE CAPITAL REGIONAL DISTRICT: A PRIMER
As part of the Douglas Treaty, a First Nation would surrender their land “entirely and forever” in exchange for cash, clothing, or blankets. Some groups have maintained that the Douglas Treaties were seen by many of the First Nations at the time as agreements for peace, not for the surrender of land.
The First Nation would retain certain rights to fish and hunt as they had previously done, as well as the right to occupy existing village sites and fields. The value paid (in goods or cash) to the First Nations was very small. For example the treaty mentioned in the breakout box, “Chewhaytsum Tribe - Sooke” Douglas Treaty, would have a value in Canadian dollars today of about $6,5003.
The Douglas Treaties have held up as treaties in court, and have successfully been used to uphold the rights of the First Nations to hunt and fish as outlined in the treaties. As an example, the Tsawout Band used the treaty in court to obtain a permanent injunction on the construction of a marina in Saanichton Bay, which would have interfered with their right to fish, as promised in the Douglas Treaty.
Today’s treaty process aims to achieve final, comprehensive agreements with participating First Nations through a six-stage process. The BC Treaty Commission is an independent body that facilitates and oversees the negotiation process. It also provides guidance and advice to parties, administers funding, and builds public awareness, among other roles. The BC Treaty Process is illustrated below:
Throughout British Columbia, 59 First Nations are participating in the BC Treaty Process at 49 treaty tables4 as of late 2013. Combined, these First Nations represent about two-thirds of all First Nations people in the Province. A treaty table is defined as the individual negotiation process for each treaty, and includes the negotiating teams for the First Nation(s), the Province of BC and the Government of Canada. A treaty table can consist of a single First Nation, or a group of several First Nations who have chosen to participate in the process together.
3 This calculation is based on a retail price index and was calculated on the website measuringworth. com (September 2013). The exchange rate used (for pounds sterling to Canadian dollars) was 1.63 pounds to the dollar.
4 A treaty table is defined as the individual negotiation process for each treaty, and includes the negotiating teams for the First Nation(s), the Province of BC and the Government of Canada. A treaty table can consist of a single First Nation, or a group of several First Nations who have chosen to participate in the process together.
Today’s Treaty Process
1 2 3 4 5 6 Statement of Intent
to Negotiate Readiness
Negotiation of an Agreement-in-
Treaty Implementation
ABOVE: Five of the First Nations with land in the CRD are currently going
through the BC Treaty Process.
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Name Douglas Treaty Current BC Treaty Process
Esquimalt Nation
Malahat Nation
Tsartlip First Nation
Tsawout First Nation
Tseyecum First Nation
T’sou-ke Nation
Incremental Treaty Agreements
An Incremental Treaty Agreement (ITA) is a legally binding pre-treaty agreement negotiated by the Province and First Nation(s) at a treaty negotiation table. ITAs allow First Nations and the Province to enjoy shared benefits in advance of a Final Agreement. ITAs build trust among the parties, create incentives to reach further milestones and provide increased certainty over land and resources.
In the CRD, four Te’mexw Treaty Association members (Sc’ianew, Malahat, Songhees and T’Sou-ke) signed a joint ITA in February 2013. The ITAs will provide them with land to create economic and commercial opportunities that support employment and new sources of revenue. The four First Nations along with Snaw-naw-as (Nanoose) will own the lands in fee simple under a First Nation- designated company, and will be subject to the same federal and provincial laws and municipal bylaws and regulations as with any other privately held property in the interim, until their treaty becomes effective, at which point the lands become Treaty Settlement Land.
Pacheedaht signed an ITA in March 2013 where they will receive two land parcels totaling 418 hectares of land. One was received shortly after signing the ITA signing, while the second will be transferred after an agreement in principle (AIP) signing and one at a final agreement signing. These land parcels have recreational tourism and accommodation development potential.
Adapted from the BC Ministry of Aboriginal Relations and Reconciliation website. www.gov.bc.ca/arr/ treaty/incremental_treaty_agreements/default.html
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FIRST NATIONS IN THE CAPITAL REGIONAL DISTRICT: A PRIMER
Four of the First Nations with land in the CRD are going through the BC Treaty Process as a group called the Te’mexw Treaty Association. Te’mexw Treaty Association members include Sc’ianew First Nation, Songhees Nation, T’Sou-ke Nation and Malahat Nation, along with Snaw- naw-as Nation (Nanoose Bay) who do not have reserve land in the CRD.
They entered the treaty process in July 1995, and are in Stage 4 of the six-stage process (as of late 2013), negotiating an Agreement in Principle. This prolonged timeframe is not unusual for the BC Treaty Process, which can take many years to complete. Negotiations are making steady progress and, with the recent ITAs, are gaining momentum.
The Nations that are part of the Te’mexw Treaty Association were also members of the Douglas Treaty. While the Douglas Treaties addressed land and harvesting rights, the modern comprehensive treaty currently being negotiated between Canada, BC and the Te’mexw Treaty Association deals with a wide range of issues that include self- governance, land, resources and fiscal matters.
Pacheedaht First Nation entered the BC Treaty Process in 1996. They are currently in stage 4 of the BC Treaty Process as of late 2013. Pacheedaht First Nation was not a part of the Douglas Treaties.
Traditionally, with First Nation land controlled and owned by the federal government, First Nations land management regimes and protocols are not well understood by many local governments. The same can be said for many First Nations’ understanding of provincial and local government land use planning and land management regimes and protocols.
This is beginning to change, however, particularly as First Nations and local governments in more urban areas have come to recognize the value of more collaborative and coordinated planning in:
• Creating effective intergovernmental protocols, procedures and planning relationships.
• Expanding and improving regional-level planning and service delivery.
• Advancing regional sustainability planning efforts.
• Crating a stronger voice for shared regional interests.
Te’mexw Treaty Association
13
Recognizing that First Nations with the capacity and responsibility to manage their land are better positioned to attract economic opportunities onto reserves and to support sustainable development for members, the federal government launched several programs that permit First Nations to manage their reserve lands, resources and environment.
The First Nations Land Management Act (1999) allows First Nations to develop a Land Code which allows them to opt out of the land- related sections of the Indian Act and enact their own laws taking into consideration the development, conservation, use and possession of reserve lands. Three First Nations in the CRD have Land Codes (Tsawout, Songhees and Sc’ianew).
There are several federal taxation acts, including the First Nations Fiscal and Statistical Management Act (2006) which provide real taxation powers to qualifying First Nations. Currently, several First Nations in the CRD have developed tax programs, including GST laws and property taxation laws for lands that are under their management5.
Additionally, Treaty First Nations (i.e. those that have an effective modern treaty) have ownership of their lands and expanded powers and authority for their management. Because of this, there may be additional opportunities for joint planning and collaboration between regional districts, municipalities, and Treaty First Nations. As described in previous sections, the CRD could soon be home to five Treaty First Nations.
5 Tax details for each First Nation are included in the ‘Regional First Nations’ section of this primer.
14
15
There are 10 First Nations with reserve lands within the CRD.
• Esquimalt Nation • Malahat Nation6
(Beecher Bay)
• Songhees Nation • Tsartlip First Nation • Tsawout First Nation • Tseycum First Nation • T’Sou-ke Nation
The map identifies and illustrates the 10 principal First Nations with lands in the CRD to be engaged through the RSS process.
6 Malahat Nation has its primary settlement in the Cowichan Valley Regional District however they have shared ownership with four WSÁNE (Saanich) nations of a reserve in the CRD.
Regional First Nations
S i d n e y
V i e w
O a k
B a y C o l w o o d
C e n t r a l S a a n i c h
N o r t h S a a n i c h
H i g h l a n d s
V i c t o r i a
L a n g f o r d
M e t c h o s i n S o o k e
S a a n i c h
U . S . A
C A N A D A
W A S H I N G T O NW A S H I N G T O N S T A T ES T A T E
C A N A D A C A N A D A
U . S . A U . S . A
W A S H I N G T O NW A S H I N G T O N S T A T ES T A T E
C A P I T A L R E G I O N A L D I S T R I C T
C O W I C H A N V A L L E Y R E G I O N A L D I S T R I C T
J u a n d e F u c a E l e c t o r a l A r e a
S a l t S p r i n g I s l a n d E l e c t o r a l A r e a
S o u t h e r n G u l f I s l a n d s
E l e c t o r a l A r e a
J u a n d e F u c a E A
J u a n d e F u c a E A
J u a n d e F u c a E A
3
5
10
2
1
6
ABOVE: First Nations with reserves in the CRD.
1 Esquimalt Nation 2 Malahat Nation 3 Pacheedaht First Nation 4 Pauquachin Nation
5 Scia’new First Nation (Beecher Bay) 6 Songhees Nation 7 Tsartlip First Nation 8 Tsawout First Nation
9 Tseycum First Nation 10 T’Sou-ke Nation
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ES qU
IM AL
IO N
Esquimalt Nation (pronounced ess-KWY-malt) is a small nation whose traditional territory is on the southern tip of Vancouver Island and surrounding waterways and islands.
“Despite what the world thinks, we have not lost our culture. However, because our culture was tied to and sustained by our lands, we must find new ways to give it voice.”
- Esquimalt Chief Andrew Thomas/Sinoopun
There are approximately 287 members of the Esquimalt Nation. About 2/3 of Esquimalt members live on-reserve.
Traditionally, Esquimalt Nation families had their permanent winter villages on Vancouver Island. These traditional territories included land in what are now Metchosin, Esquimalt, Millstream, Fairfield, Mount Douglas and the mountains near Goldstream. Today, the Nation’s reserve lands are located in Esquimalt harbour at the southwestern edge of the City of Victoria, bordering the Songhees Nation reserve, and the Town of View Royal. Their reserve is about 18 hectares in size.
Esquimalt Nation Overview
17
IO NMap of Esquimalt Nation Reserve Lands
Along with the Songhees Nation, Esquimalt Nation historically spoke Lekwungen, and about 36 members understand some of the language as of 2013. Lekwungen is related to several other languages spoken historically in the CRD area, including SENOEN (spoken by Tsawout, Tseycum, Tsartlip, and Pauquachin); Malchosen (spoken by Malahat Nation); and T’Sou-ke (spoken by T’Sou-ke).
The Esquimalt Nation is governed by an hereditary Chief and appointed Council. Elders and the Heads of the Families (of which there are five) assist the Chief and Council. The Elders and Heads of the Familiesprovide a forum for discussion about and advice on important matters facing the Nation. This is different from the other First Nations in the CRD because Esquimalt has a custom election code and no longer follows the governance model prescribed in the federal Indian Act.
Esquimalt Nation is a signatory to the original Douglas Treaties. They are not currently pursuing a modern treaty through the BC Treaty Process (see Treaty Overview on page 5 for descriptions).
Fire Protection Services are provided by the town of View Royal.
Language
Government
ES qU
IM AL
IO N • 2008 Waste Water Treatment Project Consultation Agreement
between the CRD and Esquimalt Nation. The CRD is exploring a new waste water treatment plant on lands that Sc’ianew First Nation has identified as potential lands to be included as part of their treaty. The two parties agreed to work together to discuss this issue, as well as laying the foundations for ongoing meaningful engagement.
• Esquimalt Nation is currently undertaking a Comprehensive Community Plan (CCP). CCPs guide community life and lay out a holistic plan for important community functions like health, education, economic development, land use, and culture. At the core of the Esquimalt Nation CCP plan are the Natural Laws, which guide the Cycle of Life. These, in turn, inform the Plan, which will consist of a series of goals, objectives and policies covering topics of importance to the community. These Natural Laws flow from the Sacred Trust, which defines the relationships between the Land, Water and Resources, the community and the people, and the Spiritual Path.
Protocols and Agreements
19
M AL
Ah AT
N AT
IO N
Malahat (pronounced mal-lah-hat) is located near Mill Bay BC, approximately 40 kilometres northwest of Victoria.
There are approximately 312 members of the Malahat Nation, about 56% of whom live on reserve.
The main Malahat reserve is 237 hectares located outside of the CRD (near Mill Bay). They also have joint control of a smaller, unpopulated 4.8-hectare reserve at Goldstream in the CRD.
Map of Malahat Nation Reserve Lands
RIGHT: Abandoned dock, Malahat. Photo: Herb
Neufeld, flikr.com
Malahat Nation
M AL
Ah AT
N AT
IO N The Malahat people speak Hul’q’umi’num’ and Malchosen. Malchosen
is related to several other languages spoken historically in the CRD area, including SENOEN (spoken by Tsawout, Tseycum, Tsartlip, and Pauquachin); Lekwungen (spoken by Esquimalt and Songhees); and T’Sou-ke (spoken by T’Sou-ke).
Malahat is governed by a Chief and two Councillors. Elections are held every two years (in January of even years).
Malahat, represented by the Te’mexw Treaty Association (which includes T’Sou-ke, Sc’ianew, Songhees and Snaw-naw-as), entered the BC treaty process in 1995 and is currently in stage four of the six-stage treaty process (see Treaty Overview on page 5).
None
• Cowichan Valley Trail/Trans Canada Trail Memorandum of Understanding (2013): The Cowichan Valley Trail completion initiative is a 120 kilometer non-motorized multi-use trail route that links communities between Victoria and Nanaimo. Malahat and the regional district agreed to work together on a key section of the trail link that will cross the lands within Malahat traditional territory. Malahat signed a Memorandum of Understanding (MoU) with the Cowichan Valley Regional District recognizing Malahat’s traditional cultural and heritage values while respecting existing aboriginal rights and title, Douglas Treaty rights and future treaty rights. Opportunities for economic development and sustainability of outdoor recreational tourism along the trail are also supported in the MoU.
• Comprehensive Community Plan (CCP): Malahat Nation completed a CCP in 2012, which provides the Nation Administration additional clarity and purpose in aligning its operation plan and budgets with the clearly stated objectives and expectations of Malahat Members. This document will guide the development and implementation of present and future programs and services to better serve the Members and the Nation.
Language
Government
21
N
Pacheedaht (pronounced pah-chee-dah) First Nation is located near Port Renfrew, 80-kilometres northwest of Victoria. Pacheedaht First Nation share a language and some cultural practices with the Nuu-chah-nulth (formerly Nootka) Nations, however, they are not a member of the Nuu-chah-nulth Tribal Council and define themselves as separate.
Forestry is a very important resource for the Pacheedaht First Nation. They recently jointly acquired a tree farm license and are operating a community forest called Queesto near Port Renfrew. Queetso is named after a former chief and forestry worker. They have also negotiated revenue sharing agreements for timber harvests on their traditional lands and they operate a forestry-training program for their members. Other forestry initiatives are currently in negotiation.
Pacheedaht First Nation has approximately 276 members, 44% of whom live on reserve.
Pacheedaht First Nation’s reserves are located near the town of Port Renfrew. Their main community is at the mouth of Gordon River, on one of their four reserves which total about 180 hectares. In addition to their reserve lands, their traditional lands (i.e., the lands that they regularly used pre-contact) extend from Point-No-Point, up the west coast (including Pacheenah Bay) to Bonilla Point and from the mouth of the San Juan River to Todd Mountain, 42 kilometres inland. Pacheedaht operate a small campground near Port Renfrew.
RIGHT: Pacheedaht members working on cedar harvested from Queetso Community
Forest on their reserve. Photo: Province of BC
Pacheedaht First Nation
PA Ch
EE DA
hT FI
N Map of Pacheedaht First Nation Reserve Lands
Pacheedaht speaks the Diitiidaatx language. There is one fluent speaker and about six who understand or speak it to some degree.
Pacheedaht First Nation’s Government is made up of a Chief and two Councillors who are elected every two years in January of even numbered years.
Since 1997, Pacheedaht First Nation has been negotiating a treaty at a joint table with Ditidaht, under the BC treaty process. Pacheedaht First Nation is currently in advanced agreement-in-principle negotiations (late stage 4) of the six-stage BC Treaty Process.
In early 2013, the Government of British Columbia returned 418 hectares of additional land as part of an ‘Incremental Treaty Agreement’ (ITA). ITAs allow First Nations to enjoy treaty benefits before the final signing of the treaty (which can take many years). The land, which is approximately 418 hectares, will be transferred in ‘fee simple’, a form of freehold ownership, and become treaty settlement land — not reserve land. “They are transferring these lands as an act of good faith,” said Pacheedaht First Nation Chief Marvin McClurg. After discussions with the community and outside experts, it will likely be used for a cultural centre to welcome tourists.
Language
Government
N• Fire protection service agreement with the CRD.
• Solid waste agreement with the CRD for use of the Port Renfrew transfer station.
• 2012 Education Protocol: School District #62 and Pacheedaht First Nation signed an agreement in 2012 to work together to provide Pacheedaht with greater participation in, and control of, the education services provided to First Nations students.
• Community Plan: A Community Plan guides the development of the Pacheedaht First Nation.
Service Agreements
RIGHT: Pacheedaht campground.
Photo: Stalzer, Panoramio
PA Uq
UA Ch
IN
Pauquachin (pronounced PAK-quad-chin) are one of the WSÁNE (Saanich) peoples with a territory that is centred on the Saanich Peninsula, Goldstream, and neighbouring islands.
There are approximately 392 Pauquachin members, of which about 72% live on-reserve.
Pauquachin has two reserves totaling 321 hectares, as well as joint control of a third 4.8-hectare reserve at Goldstream. Most community members live at the Pauquachin main reserve on Coles Bay.
Map of Pauquachin Reserve Lands
Pauquachin members speak two traditional languages: Hul’q’umi’num’ and SENOEN. SENOEN was traditionally spoken by Tsawout, Tseycum, Tsartlip, and Pauquachin, and it is related to several other languages spoken historically in the CRD area, including Malchosen (spoken by Malahat Nation); Lekwungen (spoken by Esquimalt and Songhees); and T’Sou-ke (spoken by T’Sou-ke).
Pauquachin holds elections every two years (in October of even numbered years), and is governed by a Chief and three Councillors.
Pauquachin Overview
PA Uq
UA Ch
INPauquachin is a signatory to the Douglas Treaties. They are not currently pursuing treaty through the BC Treaty Commission.
• Solid waste: The CRD provides solid waste collection services to Pauquachin through a service agreement.
• Fire Fighting: The District of North Saanich provides contracted fire fighting services through the North Saanich Volunteer Fire Department.
• Wastewater: The CRD has been operating the Saanich Peninsula treatment plant since February 2000. The treatment plant serves Pauquachin through a service agreement.
• Community Threat Assessment Protocol: Pauquachin signed onto a protocol in February 2013 with School District 63 (Saanich) and other community partners on how threatening behaviour in schools is assessed and responded to.
• Stormwater Management: CRD staff monitors stormwater discharges for public health and environmental concerns through an agreement with Pauquachin. CRD communicates regularly with Pauquachin staff regarding the protection and improvement of stormwater quality.
None
RIGHT: Pauquachin Indian Reserve, c. 1932.
Painting by Arthur Pitts
SC ’IA
NE W
FI RS
Ay )
The name Sc’ianew (pronounced SHE-a-new) translates from the Klallum language as “the place of big fish,” indicating the richness in sea life in the region, which continues to sustain the Sc’ianew and other First Nation communities in the region. Sc’ianew youth and elders are working together to keep their culture alive, partaking in ‘big canoe’ tribal journeys and inter-tribal games.
There are approximately 246 band members, about 45% of whom live on reserve.
Sc’ianew First Nation is located on Beecher Bay, on the southern tip of Vancouver Island. Sc’ianew has eight reserves totaling 307.7 hectares, and the main community is based in East Sooke, 30 km southwest of Victoria.
As of August 2013, Sc’ianew First Nation has partnered with a developer and is beginning work on a mixed-used resort community called Spirit Bay. When completed, the development will include between 500 to 800 residential units, a small commercial area and spa. The community also manages a 364-berth marina.
Map of Sc’ianew First Nation Reserve Lands
Sc’ianew First Nation (Formerly Beecher Bay)
Overview
Members
IO N
(F OR
M ER
Ly B
EE Ch
ER B
Ay )Although the Sc’ianew can trace their ancestry to people who spoke four
distinct languages, their primary language (other than English) is now Hul’q’umi’num’ (which is understood by about 22 Sc’ianew people with 11 additional learners).
Sc’ianew First Nation elects a Chief and two Councillors every 2 years, in October of odd-numbered years. Their governance system also incorporates traditional leadership components, including elders, and the hereditary Chief.
Sc’ianew was a signatory to the Douglas Treaties and is currently pursuing a modern treaty to the BC Treaty Process (see Treaty Overview on page 5). Sc’ianew First Nation is a member of the Te’mexw Treaty Association, along with Malahat Nation, Songhees Nation, Nanoose First Nation and T’Sou-ke. The Te’mexw Treaty Association is in Stage 4 (of 6) of the BC Treaty Process.
In early 2013, Sc’ianew First Nation signed an Incremental Treaty Agreement (ITA) with the Government of British Columbia. ITAs allow First Nations to enjoy some treaty benefits before a final treaty is signed. The ITA will transfer a 67 hectare parcel of land in ‘fee simple’ to Sc’ianew First Nation, which makes it possible for the land to be sold to raise funds to purchase lands adjacent or closer to their main reserve. The land will be subject to the same federal and provincial laws and municipal bylaws and regulations as with any other privately held property.
None.
• 2009 Memorandum of Understanding between the District of Metchosin and Sc’ianew First Nation. The two governments signed an MOU in 2009 to agree to work together for the benefit of their residents. The two councils agree to meet at least twice annually, and to establish a joint committee that will develop communication protocols, explore service agreements, and develop dispute resolution protocols.
• 2008 Waste Water Treatment Project Consultation Agreement between the CRD and Sc’ianew First Nation. The CRD is exploring a new waste water treatment plant on lands that Sc’ianew
Language
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(F OR
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Ay ) First Nation has identified as potential lands to be included as
part of their treaty. The two parties agreed to work together to discuss this issue, as well as laying the foundations for ongoing meaningful engagement
• Land Code (2003): In 2003, Sc’ianew First Nation ratified their Land Code, which means they have opted out of the Land Management Section of the Indian Act and are now responsible for creating laws for the management of their lands. This includes things like land use planning and zoning, environmental assessment and protection, and issuance of licensing for forestry or other operations. See page 8 for more information on land use planning.
• Comprehensive Community Plan: Sc’ianew First Nation is completing a Comprehensive Community Plan. Comprehensive community planning is a holistic process that enables a community to build a roadmap to sustainability, self-sufficiency and improved governance capacity.
Planning Context and Current Initiatives
RIGHT: Sc’ianew First Nation Chief Russell Chipps speaks at the August 2013 Spirit Bay announcement.
Photo: DARREN STONE, Times Colonist
29
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The Songhees (pronounced SONG-hees) Nation is now located in Esquimalt on Vancouver Island, five kilometers from Victoria. Historically, the original site of the Songhees Indian Reservation was located in Victoria’s Inner Harbour, but it was moved in 1911.
There are about 546 Songhees Nation members, of which about 67% live on reserve.
Historically, the Songhees Nation occupied the area from Albert Head to Cordova Bay to the San Juan Islands in the United States. Today, the main Songhees community still lives on the New Songhees 1A Reserve in what is now the Township of Esquimalt. This is one of four reserves, which total 138.1 hectares.
Map of Songhees Nation Reserve Lands
In recent years, the Songhees Nation has designed and developed a Songhees Wellness Centre to build a new foundation for the community as well as a tourist destination.
Songhees Nation Overview
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Along with the Esquimalt Nation, Songhees historically spoke Lekwungen, but there are no members who speak the language as of 2013. Lekwungen is related to several other languages spoken historically in the CRD area, including SENOEN (spoken by Tsawout, Tseycum, Tsartlip, and Pauquachin); Malchosen (spoken by Malahat Nation); and T’Sou-ke (spoken by T’Sou-ke).
Songhees Nation elects four Councillors and one Chief every two years (in June of odd numbered years).
The Songhees Nation, represented by the Te’mexw Treaty Association (which includes Malahat, Sc’ianew, T’Sou-ke and Snaw-naw-as), entered the BC treaty process in 1995 and is currently in stage four of the six- stage treaty process. Songhees were also a signatory to the Douglas Treaties (see Treaty Overview on page 5).
In early 2013, Songhees Nation signed an Incremental Treaty Agreement (ITA) with the Government of British Columbia. The ITA will transfer two parcels of land totaling .24 hectares (one in Esquimalt and one in James Bay), as well as a third, smaller parcel in downtown Victoria when meeting the next treaty milestone (signing of an Agreement in Principle).
RIGHT: Artists rendering of the Songhees Wellness Centre, which will be completed in
December 2013. Image courtesy of Durwest Construction Management
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IO N• Fire protection services: Fire service is provided by the View
Royal Fire Department
• Sewer and Water: Sewer and water are provided by the CRD
• Policing: RCMP West Shore Detachment provides policing on Songhees Nation lands, and has a constable stationed in the community
• 2008 Waste Water Treatment Project Consultation Agreement between the CRD and Songhees Nation. The CRD is exploring a new waste water treatment plant on lands that Songhees Nation has identified as potential lands to be included as part of their treaty. The two parties agreed to work together to discuss this issue, as well as laying the foundations for ongoing meaningful engagement.
• Land Code (2011): In 2011, Songhees Nation ratified their Land Code, which means they have opted out of the Land Management Section of the Indian Act and are now responsible for creating laws for the management of their lands. This includes things like land use planning and zoning, environmental assessments and protection, and issuance of permits for commercial and resource operations on their lands. See page 8 for more information on land use planning.
• Songhees Nation Goods and Services Tax Law (2011): Songhees Nation signed a First Nations Goods and Services Tax Agreement with Canada. The agreement permits Songhees Nation to levy GST on goods and services bought and sold on their reserve lands and to receive a portion of it back from the federal government.
• Comprehensive Community Plan (CCP): Songhees Nation has started working on a CCP. In 2012 they received assistance from Royal Roads University to conduct member engagement for the plan.
Service Agreements
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Tsartlip First Nation (pronounced sart-lip) is located on the Saanich Peninsula near Brentwood Bay.
Tsartlip has about 921 members, of which about 2/3 live on reserve.
Located 20-minutes north of Victoria on the Saanich Peninsula, Tsartlip’s main reserve is located close to Brentwood Bay. In addition to the band office and community facilities, the band is home to the ÁU, WELEW Tribal School (see text box) which offers education from preschool to high school and adult education.
Map of Tsarlip First Nation Reserve Lands
Tsartlip First Nation Overview
IO N
Tsartlip members are actively working to revive their traditional language (SENOEN), with nearly 100 members currently studying the language. SENOEN was traditionally spoken by Tsawout, Tseycum, Tsartlip, and Pauquachin, and it is related to several other languages spoken historically in the CRD area, including Malchosen (spoken by Malahat Nation); Lekwungen (spoken by Esquimalt and Songhees); and T’Sou-ke (spoken by T’Sou-ke).
Tsartlip First Nation is governed by a Chief and nine Councillors.
Tsartlip First Nation is a signatory to the Douglas Treaties. They are not currently pursuing a modern treaty through the BC Treaty Commission.
The ÁU, WELEW Tribal School
The ÁU, WELEW Tribal School serves the Saanich people, including Tsartlip, Tseycum, Pauquachin, and Tsawout.
Since opening in 1989, the school has grown in leaps and bounds, and currently has 279 students from grades preschool to grade 12. They also provide the community with adult education courses, including academic upgrading as well as cultural and language course.
Courses and curriculums are tailored to meet the needs of the students, offering more flexibility and more culturally appropriate programming than is available off-reserve.
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IO N • 2012 General Services Agreement: Tsartlip First Nation has
a servicing agreement with the District of Central Saanich for the provision of water, fire protection and sewer services. The services are provided to Tsartlip based on the District’s current consumption rates for water and sewer, and a long-standing cost per building formula for fire protection services. Services had previously been provided the District of Saanich, and paid for by Tsartlip, without a formal agreement.
• Solid waste: The CRD provides solid waste pick-up services for Tsartlip.
“As Tsartlip continues to plan for the future we are proud to be able to accomplish signed Service Agreements. This truly signifies a government-to-government relationship. Tsartlip’s original Service Agreement in the 1980’s was signed by the Crown for Tsartlip. We were not part of the dialogue back then. We will continue to work on improvements in Tsartlip and plan for economic opportunities in the future that will lead to self-sufficiency. We have established a relationship with Central Saanich based on mutual respect and recognition.”
Chief Ivan Wayne Morris of the Tsartlip First Nation, September 2012
Service Agreements
LEFT TO RIGHT: District of Central Saanich Mayor Bryson; Chief Harvey Underwood, Tsawout
First Nation; Chief Ivan Wayne Morris, Tsartlip First Nation sign
a joint service agreement in September 2012.
Photo: District of Central SaanichCentral Saanich
35
IO N• 2011 Relationship Agreement: Signed in April 2011, the
agreement came out of In 2009 Community-to-Community Forum with the District of Central Saanich. It acknowledges their shared common boundaries, a fundamental interest in the stewardship of their traditional lands and a desire to work together in a co- operative manner for the benefit of all residents. The purpose of the agreement is to establish stable and effective government- to-government relations and a framework that will strengthen, enhance and honour their historical, political, economic, social and cultural relationship. The two councils agreed to meet regularly, at least twice a year, to promote open and constructive dialogue and to agree on common priorities. They also agreed to establish a joint committee to identify processes to address their priorities and to deal with matters that arise between joint council meetings.
• Stormwater Management: CRD staff monitors stormwater discharges for public health and environmental concerns through an agreement with Tsartlip. CRD communicates regularly with Tsartlip staff regarding the protection and improvement of stormwater quality. As part of their work, CRD developed a master drainage plan for Tsartlip that identifies all major stormwater catchment areas and highlights initiatives to reduce stormwater flows.
• Property Taxation Law: Tsartlip has developed and passed a property taxation law which allows them to tax non-First Nations landowners leasing land on their reserve. A property assessment law accompanies the taxation law.
Protocols and Agreements
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Tsawout (pronounced say-oat) First Nation is one of five bands that constitute the WSÁNE (Saanich) Nation, along with Tsartlip, Tseycum, Malahat and Pauquachin. The WSÁNE Nation used to be one group, but was artificially split up by the federal government into multiple bands.
Tsawout First Nation has about 855 band members, of which 68% live on reserve.
The Saanich people’s territory includes the Saanich Peninsula, south to Mount Douglas, across to Mount Finlayson and Goldstream. In addition, the Southern Gulf Islands, reaching to Point Roberts, and San Juan Islands were also part of the Saanich People’s traditional territory.
Map of Tsawout Nation Reserve Lands
RIGHT: Tsawout First Nation members. Photo: Tsawout
First Nation
Tsawout Nation
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NTsawout has six reserves totaling 419 hectares. The two largest are Saturna Island #7 (145.7 hectares) and Tsawout’s main reserve, East Saanich #2 (237.7 hectares. The East Saanich reserve is located in Saanichton Bay, 15 minutes north of Victoria and is Tsawout’s main population and service centre. The Saanichton Bay village was one of the main sites where the Tsawout people – who travelled between many village sites throughout the year – were historically headquartered in winter.
Today, the main Saanichton Bay reserve area has a number of commercial operations, including motels, restaurants, offices and gas stations. About 1600 people live on the main reserve, one third of whom are Tsawout members. The remainder is primarily non-Aboriginal people living in rented homes.
A cornerstone of the community is the Gathering Strength Community Facility, which features a full size professional gymnasium, commercial kitchen, educational space, meeting rooms and studio space. Events that are often held include talking circles, ancestral teachings, tax workshops and parent and tot classes.
Tsawout historically spoke SENOEN (pronounced sen-CHAW-thin), though there are few speakers today. SENOEN was traditionally spoken by Tsawout, Tseycum, Tsartlip, and Pauquachin, and it is related to several other languages spoken historically in the CRD area, including Malchosen (spoken by Malahat Nation); Lekwungen (spoken by Esquimalt and Songhees); and T’Sou-ke (spoken by T’Sou-ke).
Tsawout First Nation’s Government is made up of a Chief and seven Councillors who are elected every two years. Government also includes traditional leadership, including elders, and the hereditary Chief. Their Band Administration operates out of the new community facility (the Gathering Strength Community Facility) that was self-funded by the Band’s own First Nations GST that is levied on goods and services purchased on-reserve.
RIGHT: Gathering Strength Community Facility gym
Photo: Tsawout First Nation
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N Tsawout First Nation is part of the Douglas Treaties (see Treaty Overview on page 5). Over the years, Tsawout has worked to ensure that their treaty rights as stipulated in their Douglas Treaty be fully honoured by the Crown. Their Douglas Treaty rights were upheld in a landmark 1987 Supreme Court decision which supported Tsawout’s assertion that the construction of a marina would infringe on their right to pursue their traditional hunting and fishing.
Tsawout First Nation is not currently pursuing a treaty through the BC Treaty Process.
• Animal control service agreement with the CRD.
• Building inspection service agreement with the CRD.
• 2012 General Services Agreement: Since 2001, the District of Central Saanich has had in place three Servicing Agreements with the Tsawout First Nation – for “General Municipal Services”; provision of water services; and for fire protection services. The three Agreements were renewed in a revised agreement that was signed in September 2012. A separate agreement with Tsartlip First Nation was signed during the same ceremony. General municipal services includes 9-1-1 Dispatch, public works, emergency measures, and parks and recreation.
• Participation in Saanich Peninsula Liquid Waste Management Plan (LWMP) Stormwater Quality Program.
• Various services related to Tsawout’s wastewater treatment facility, including training, inspection, monitoring and source control agreements, and the emergency call-out agreement with CRD.
• CRD Recycling service offered on main reserve.
• CRD provides marine monitoring on Tsawout’s land as part of the Liquid Waste Management Plan (LWMP).
• Band members and CRD collaborate on the Cordova Shore (TIXEN) Conservation Strategy.
Treaty Status
Service Agreements
RIGHT: Signing of 2012 Service Agreement with Central Saanich, Tsawout First Nations and Tsartlip
First Nation photo: District of Central Saanich
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AT IO
N• Saanich Peninsula Protocol Agreement (2001): Endorsed, but not formally signed in 2001, the Protocol specifies the types of activities (i.e., OCP amendments, rezonings, park disposals, road closures, etc.) that the District of Central Saanich and Tsawout First Nation would notify each other on, and afford the opportunity for comment prior to finalizing decision. Both parties are working towards a renewal of the original agreement.
• Stormwater Management: CRD staff monitors stormwater discharges for public health and environmental concerns through an agreement with Tsawout. CRD communicates regularly with Tsawout staff regarding the protection and improvement of stormwater quality.
• Indigenous Name Reclamation Campaign: Tsawout is leading an Indigenous Name Reclamation Campaign of key landmarks in the region, beginning with PKOLS (Mount Doug).
“If all indigenous names are erased, and never respected, it shows the white society’s view of indigenous people; that
we no longer exist, we’ve been erased. It’s about respect in a fundamental way. The future of this country is going to be one
of peaceful coexistence based on mutual respect” —Taiaiake Alfred, professor and Tsawout member.
• Referrals Management (Current Initiative): First Nations are often inundated with referrals from governments and private vendors and it can be very difficult to manage them. Tsawout First Nation is working with the Sto:lo Nation and several other south island Bands on an online, simplified referrals management software system. Once implemented, this will make it easy for governments to track their referrals.
• Comprehensive Community Plan (2010): Tsawout First Nation completed a Comprehensive Community Plan (CCP) in 2010. This plan lays out policies, programs and plans for all aspects of community life, including land use, governance, health, education and infrastructure. The CCP included a strong land-use plan component.
Protocols and Agreements
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N “As Saanich people we strive to be whole in the spiritual, cultural, physical and emotional sense. We continue to develop a healthy community which seeks a balance between our traditional values and today’s economy, as the stewards of our lands and resources.”
Tsawout First Nation CCP Vision Statement (2010)
• First Nations Goods and Service Tax (2006): Tsawout First Nation was the first Band in Canada to sign a First Nations Goods and Services Tax (FNGST) agreement. Tsawout’s FNGST replaces the federally imposed GST and sets a goods and service tax for the First Nation at 6% on reserve land. The FNGST has the same basic operating rules as the GST and the same goods and services taxable under it. This source of funding has led to increased self- sufficiency of the Band and to many quality-of-life improvements like new facilities and programs.
• Tsawout First Nations Land Code (2005): In 2005, Tsawout First Nation ratified the Tsawout Land Code, which means they have opted out of the Land Management Section of the Indian Act and are now responsible for creating laws for the management of Tsawout Lands. This includes things like land use planning and zoning, environmental assessment and protection, and regulation of traffic and transportation. See page 8 for more information on land use planning.
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Tseycum (pronounced tSAY-kum) means ‘Land of Clay’ in the SENOEN language. As one of the Saanich people, Tseycum were previously nomadic and camped at various places on the Saanich Peninsula and the Gulf Islands in order to benefit from the various habitat and wildlife at these different locations. Their people were also known for their social activities with other tribes, often visiting Bands on the mainland for cultural and social purposes.
Tseycum First Nation has approximately 181 band members, of which about 66% live on reserve.
Tseycum First Nation’s main reserve is located on West Saanich Road is located north of the Victoria International Airport in Patricia Bay on the Saanich Peninsula. In addition to this 28 hectare reserves they also have joint control over another four reserves, which total about 164 hectares.
Map of Tseycum First Nation Reserve Lands
Tseycum members historically speak SENOEN, though there are no fluent speakers in 2013. SENOEN is related to several other languag- es spoken historically in the CRD area, including Malchosen (spoken by Malahat Nation); Lekwungen (spoken by Esquimalt and Songhees); and T’Sou-ke (spoken by T’Sou-ke).
Tseycum First Nation Overview
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The Tseycum elected government is comprised of a Chief and two additional Councillors. Elections are held in July of odd-numbered years.
Tseycum First Nation is a signatory to the Douglas Treaties. They are not currently pursuing treaty through the BC Treaty Commission.
• Fire Fighting: The District of North Saanich provides contracted fire fighting services through the North Saanich Volunteer Fire Department.
• Wastewater: The CRD has been operating the Saanich Peninsula treatment plant since February 2000. The treatment plant serves Tseycum through a service agreement.
• Stormwater Management: CRD staff monitors stormwater discharges for public health and environmental concerns. The CRD is committed to working cooperatively with the Tseycum and communicates regularly with them regarding the protection and improvement of stormwater quality. In Tseycum in particular, CRD is working to resolve stormwater runoff problems associated with Tseycum Creek and its tributaries.
• Relationship Agreement (2007): The District of North Saanich and the Tseycum First signed a Relationship Agreement that
RIGHT: Tanya Jones, Chief of the Tseycum First Nation,
raises her hands “HISWKE” to thank Roger Charlie during
the unveiling of a totem pole, part of a Reconciliation Journey
ceremony on November 16, 2012. Photo: Province of BC
Government
IO Nacknowledges their shared common boundaries, a fundamental
interest in the stewardship of their traditional lands and a desire to work together in a co-operative manner for the benefit of all residents. The purpose of the agreement is to establish stable and effective government-to-government relations and a framework that will strengthen, enhance and honour their historical, political, economic, social and cultural relationship.
• Community Threat Assessment Protocol: Tseycum signed onto a protocol in February 2013 with School District 63 (Saanich) and other community partners on how threatening behaviour in schools is assessed and responded to.
None.Planning Context and Current Initiatives
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In the SENOEN language, the word T’Sou-ke (pronounced SOOK) is the name of the Stickleback fish that live in the estuary of the river. Exposure to Europeans through the Hudson’s Bay Company saw the name changed first to Soke and then Sooke.
T’Sou-ke Nation has about 253 members, of which about 53% live on reserve.
Located around the Sooke Basin on the Strait of Juan de Fuca about 30-kilometres southwest of Victoria, T’Sou-ke Nation has two reserves that total 67.2 hectares (165 acres). Most community members live on the southern reserve while the many administration offices are on the reserve along the main road between Sooke and Victoria.
The Band owns and operates a CRD-licensed daycare and after-school facility for children aged 3-12. The facility, called Sum-SHA-thut Lellum, is highly valued by both T’Sou-ke Nation members and neighboring Sooke residents.
In the past five years, T’Sou-ke Nation has become a leader in community-based renewable energy and food security. Every house on reserve is now equipped with solar panels and many also have solar thermal hot water heaters.
“First Nations have lived for thousands of years on this continent without fossil fuels. It is appropriate that First Nations lead the way out of dependency and addiction to fossil fuels and to rely on the power of the elements, the sun, the wind and the sea once again.”
- Chief Gordon Planes
ke Nation Strategic Plan presentation, 2010
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T’ SO
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IO NA community garden provides fresh produce for community meals and
food boxes for elders, and a $3 million greenhouse is under construction, which will provide food for about 30 stores in the area.
Map of T’Sou-ke Nation Lands
About five T’Sou-ke members understand the local language, called T’Sou-ke. T’Sou-ke is related to several other languages spoken historically in the CRD area, including SENOEN (spoken by Tsawout, Tseycum, Tsartlip, and Pauquachin); Malchosen (spoken by Malahat Nation); and Lekwungen (spoken by Esquimalt and Songhees).
T’Sou-ke Nation is governed by a Chief and two Councillors, who are elected for 2 year terms (in February of even years).
T’Sou-ke Nation was a signatory to the Douglas Treaties. T’Sou-ke, represented by the Te’mexw Treaty Association (which includes Malahat, Sc’ianew, Songhees and Snaw-naw-as), entered the BC treaty process in 1995 and is currently in stage four of the six-stage treaty process (see Treaty Overview on page 5).
In February 2013, T’Sou-ke Nation signed an Incremental Treaty Agreement (ITA) with the Government of British Columbia. ITAs allow First Nations to enjoy treaty benefits before the final signing of the treaty (which can take many years). T’Sou-ke’s ITA is a multi-year agreement that includes the transfer of two, side-by-side 60-hectare parcels of Crown land located at Broom Hill within T’Sou-ke Nation traditional territory in the Juan de Fuca Electoral Area. The terms of the ITA provide for one parcel to be transferred as soon as practicable,
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following the signing of an Agreement-in-Principle under the BC Treaty Process. The land transfers will provide the T’Sou-ke Nation with forestry and light industrial development opportunities that support employment and new sources of revenue.
The lands, totaling 120 hectares, will be held in fee simple by T’Sou-ke, under a First Nation-designated company, and will be subject to the same federal and provincial laws and municipal bylaws and regulations as with any other privately held property.
None.
• 2007 Memorandum of Understanding (MoU): T’Sou-ke and the District of Sooke signed an MoU to establish a government- to-government relationship of mutual respect and cooperation. It identified areas in which the Parties wish to develop further agreements, including the provision of services, land use planning and development, heritage sites and cultural protection, shared and cross-boundary issues, and economic development.
• 2008 Waste Water Treatment Project Consultation Agreement between the CRD and Songhees Nation. The CRD is exploring a new waste water treatment plant on lands that Songhees Nation has identified as potential lands to be included as part of their treaty. The two parties agreed to work together to discuss this issue, as well as laying the foundations for ongoing meaningful engagement.
• Sooke Reservoir Agreement (2002): Control gates were incorporated into a spillway during construction of the Sooke Reservoir expansion project to allow release of water to the Sooke River in accordance with an agreement concluded between the T’Sou-ke First Nation, the CRD and the Federal and Provincial Governments.
• District of Sooke – T’Sou-ke First Nation Clean Energy Initiative: The District of Sooke is partnering with T’Sou-ke in regard to opportunities to implement a clean and renewable energy economy and reduce GHG emissions to 20 percent below 2006 levels by 2012, 33 percent below 2006 levels by 2020.
Service Agreements
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IO NT’Sou-ke Nation has a number of laws, bylaws and regulations, some of
which are described here.
• Land Code (2006): In 2006, T’Sou-ke ratified their Land Code, which means they have opted out of the Land Management Section of the Indian Act and are responsible for creating laws for the management of their lands. This includes things like land use planning and zoning, environmental assessment and protection, and issuance of permits. See page 8 for more information on land use planning.
• Property Taxation Law (2011): T’Sou-ke’s property taxation law allows the Nation to levy property taxes on non-First Nations land owners or occupiers.
• Comprehensive Community Plan: Called ‘visions of progress’, the CCP focused on long term visioning, and used a number of creative and fun engagement methods to gather feedback, including youth and elder events, star gazing, and campfire meetings.
Planning Context and Current Initiatives
48
FIRST NATIONS IN THE CAPITAL REGIONAL DISTRICT: A PRIMER
Unless otherwise stated, the following information sources were used:
First Nations Names: Many First Nations are in the process of reclaiming their original names and moving away from the names imposed on them by the Indian Act. This can often mean that the name of a First Nation appears differently in a number of sources. Where possible, this primer uses the names chosen by each First Nation for use on their websites. In cases where there was no website, official AANDC names were used.
Pronunciation: All of the pronunciation guidelines are from Aboriginal Affairs and Northern Development Canada (http://www.aadnc-aandc. gc.ca/eng/1100100022848/1100100022849) with the exception of Sc’ianew First Nation (Beecher Bay), which was from the website of the Te’mexw Treaty Association (http://www.temexw.org/ScianewNation. htm).
Population statistics: Aboriginal Affairs and Northern Development Canada, 2013 First Nation community profiles, accessed in September 2013 at http://pse5-esd5.ainc-inac.gc.ca/fnp/Main/Search/SearchFN. aspx?lang=eng
Population living on/off reserve: Aboriginal Affairs and Northern Development Canada “Registered Indian Population by Sex and Type of Residence by Group, Responsibility Centre and Region 2012”, accessed September 2013 at http://www.aadnc-aandc.gc.ca/eng/1373987025420 /1373987156328
Treaty status: Treaty status was gathered from the website of the BC Treaty Commission, accessed online in September 2013 at http://www.bctreaty.net
Other information was collected from the First Nations’ websites, newspaper articles, and official government sources of information.
Information Sources