BURSTAs the B.C. government introduced legislation to ratify the Kitselas and K’ómoks treaties this week, the Lax Kw’alaams and Wei Wai Kum First Nations stood in opposition.
In a joint statement issued on April 15, they called for a pause in passing the legislation, saying the current approach creates legal conflict and economic uncertainty and “risks undermining reconciliation.”
Lax Kw’alaams and Wei Wai Kum, referred to in the statement as the “Impacted Indigenous Nations,” claim the treaty process lacked adequate consultation.
“Treaties must be implemented in a manner that reflects Indigenous law, respects neighbouring nations and upholds the honour of the Crown,” the statement reads.
It adds that “the duty to consult has not been fulfilled,” and that advancing legislation amid unresolved territorial and governance issues, “risks weakening reconciliation and creating long-term conflict and uncertainty.”
The Nations say they support treaties and the inherent right of First Nations to self-government and self-determination within their own territories. However, they contend the current process is flawed and that the province has not met its legal obligations to consult and accommodate.
“The lack of meaningful consultation puts regional economies and private lands at risk if our Nations… are forced to go to court,” the statement says.
The statement notes the issue extends beyond geography. While Wei Wai Kum is based on Vancouver Island and the K’ómoks treaty centres on the Comox Valley, Lax Kw’alaams and the Nine Allied Tribes, say the same concerns apply across regions, including with the Kitselas treaty.
Both treaties, they argue, “claim territory in an overly broad manner with little or no legal or historical foundation.”
They warn that recognizing those claims through legislation risks “turning disputed areas into legally defined treaty rights.”
The statement calls for the legislation to be put on hold until key conditions are met, including meaningful consultation, protection of economic and public interests, and resolution of inter-nation territorial issues.
It warns that once B.C. ratifies the treaties, “it is very unlikely any amendments… will be possible,” increasing pressure to resolve concerns before the process advances.
Leaders also argue provincial negotiators have refused to adjust boundaries, implement overlap protocols, or include mitigation measures despite their repeatedly expressed concerns.
In a separate media release, Lax Kw’alaams and the Nine Allied Tribes warned that the proposed Kitselas treaty could impact more than 90 per cent of their title and ancestral rights.
Leaders say they have raised these concerns with the Province since at least 2013 and argue that those concerns have been repeatedly disregarded.
“Under Tsimshian and Canadian law, the Government of British Columbia… cannot pass treaty legislation without full meaningful consultation… this has not happened yet,” said Lax Kw’alaams Mayor Garry Reece.
The release also raises concerns about broader economic impacts, including uncertainty for development tied to the Port of Prince Rupert and connected rail corridors.
The call for a pause included a delegation outside the legislature in Victoria while the Kitselas ratification legislation was introduced for first reading inside. The reading is the first step in moving Kitselas out from under the Indian Act and toward self-government, including governance over roughly 38,000 hectares of land and associated resource rights.
Premier David Eby called the Kitselas legislation long overdue and said it helps the Province move closer to addressing “long-standing injustice.”
He added that he hopes “the treaty will serve as an example of the province’s commitment to working in partnership with First Nations.”
Kitselas Councillor Cyril Bennett-Nabess said the treaty, “is not just for the First Nation, but for all of B.C.,” describing it as “a means of moving forward together.”