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Appendix: Status Report on Treaty Negotiations

Number of First Nations involved in the BC treaty negotiations process: 112
Number of First Nations at Stage 6 (implementation planning): 6
Number of First Nations at Stage 5 (final agreement): 12
Number of First Nations at Stage 4 (agreement-in-principle): 86
Number of First Nations at Stage 3 (framework agreement): 3
Number of First Nations at Stage 2 (readiness): 5
Number of First Nations at Stage 1 (statement of intent): 0

The Office of the Auditor General has asked the Ministry to report more fully on treaty negotiations by including an overview of the issues and challenges it faces and the steps the Ministry has taken to overcome these barriers to success.

Ratification of treaties by the Tsawwassen First Nation and the five Maa -Nulth First Nations clearly demonstrates that the treaty process is working. Now that the Province has ratified these treaties the federal government has begun its formal ratification process. In anticipation of final ratification by all parties in 2008, implementation planning has begun.

The Province continues to negotiate treaties that reflect the diversity of First Nations. Over the next few years more Final Agreements will be concluded as well as significant progress on Agreements-in-Principle. To address concerns about slow progress, incremental treaty agreements and treaty related measures may be utilized by some First Nations, Canada and British Columbia to help pave the way towards treaty.

In response to concerns raised by First Nations and independent external reviews, the Principals have agreed to discuss ways to work towards greater efficiencies and revitalization of the treaty process. The Ministry also supports the BC Treaty Commission to use the full scope of its authority to support the treaty process. Additionally, the Ministry and Canada have taken steps to streamline internal approval processes to conclude treaties.

Under the treaty process, First Nations are responsible for resolving overlapping claims. At the same time, the Province has a duty to consult First Nations whose Aboriginal and treaty rights may be adversely impacted by treaties. Consequently, the Province supports consultation efforts to facilitate the expeditious resolution of overlap claims inside and outside of treaty. The Ministry is also working with the First Nation Leadership Council on a government-wide consultation framework.

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