E-N Listing
The following is a guide to various terms associated with First Nations people, issues and treaties. Please note that individual preferences may vary and should be respected when known.
When unsure, it is polite and appropriate to ask how a person, band or council wishes to be addressed. It's good business and good manners.
A-D Listing | E-N Listing | O-Z Listing
E:
eligibility:
entitlement to treaty benefits.
enrolment:
process of registering eligible treaty beneficiaries.
entrenchment:
term occasionally misused in the context of treaties to refer to protection under the constitution. Aboriginal rights and treaty rights are protected under s.35 of the Constitution Act, 1982. Entrenchment of treaty rights does not mean that treaties become part of the Constitution.
extinguishment:
term used to describe the cessation or surrender of Aboriginal rights to lands and resources in exchange for rights granted in a treaty.
F:
fee simple:
legal interest in land that is commonly characterized as private ownership.
fiduciary duty:
legal obligation of one party to act in the best interests of another. Canada has a fiduciary obligation with respect to Indians and lands reserved for Indians under s.91(24) of the Constitution Act of 1982.
final agreement:
document produced in the fifth phase of the six-stage process. The final agreement embodies the principles outlined in the AIP which are to be included in the treaty. Once ratified by the parties, it becomes a treaty.
financial transfer arrangements:
arrangements made in treaties for funding First Nation governments. The fiscal arrangements among Canada, British Columbia and each First Nation will identify the revenue sources available to the First Nation government for carrying out its governance responsibilities and will determine whether and to what extent Canada and B.C. will contribute to those revenues.
First Nation:
a. an Aboriginal governing body, organized and established by an Aboriginal community, or b. the Aboriginal community itself.
First Nation fee simple land:
land held in fee simple by a First Nation that does not have the status of treaty settlement land. No special rights attach to First Nation fee simple land and no aspect of First Nation jurisdiction will apply on it.
First Nation land:
see treaty settlement land
First Nation roads:
local roads on treaty settlement lands which First Nation governments own and bear full responsibility for. Not all roads on treaty lands will be owned by the First Nation. Most First Nation roads will accommodate public access.
First Nations Summit:
an umbrella organization of some British Columbia First Nations and tribal councils. The First Nations Summit is one of the parties to the British Columbia Treaty Commission.
fiscal arrangements:
government financial arrangements for treaties, including financial limits on settlements, revenue raising powers negotiated in the treaty, cost sharing arrangements between Canada and the Province, financial transfer arrangements with First Nations, and compensation arrangements with third parties.
food fish:
informal term used when referring to the legal obligation of the Crown to recognize an Aboriginal right to fish, particularly for food, social and ceremonial purposes, arising from the Supreme Court of Canada's decision in Sparrow. The Court's decision in Gladstone now leaves open the possibility that there can be Aboriginal rights to the commercial sale or trade of fish. See also legal obligation.
framework agreement:
document produced in stage three of the six-stage process. The framework agreement identifies negotiation topics and objectives, and establishes a timetable and any special procedural arrangements for the negotiations.
I:
implementation:
final phase of the six stage process. In the implementation stage, the terms of a treaty are put into effect: Program, financial, legislative, and other commitments which have been articulated in the treaty are fulfilled.
INAC:
acronym for Indian and Northern Affairs Canada. INAC is responsible for negotiating treaties on behalf of Canada. (Also referred to as the Department of Indian Affairs and Northern Development (DIAND).)
Indian:
a legal term defined in the Indian Act, some Aboriginal people still refer to themselves as Indians, but the term Aboriginal is becoming increasingly common. However, do not substitute Aboriginal for Indian when it is part of a title, for example Indian and Northern Affairs, the Indian Act, or part of a band name.
Indian Act:
federal legislation designed to give effect to the legislative authority of Canada for "Indians, and Lands reserved for the Indians," pursuant to s.91(24) of the Constitution Act, 1867.
Indian reserve:
initially created by colonial governors and later, the Canadian government, reserves are defined in Section 2 of the Indian Act as parcels or tracts of land that have been set apart by the federal government for the use and benefit of an Indian band. The legal title to Indian reserve land is vested in the federal government. See also s.91(24).
infringement:
an action of the Crown which impairs an Aboriginal right. See also Crown Lands Activity Policy.
Initialed agreement:
an agreement which the negotiators for all parties have initialed as a means of expressing their intention to recommend the agreement to their respective authorities for approval.
interest-based negotiations:
approach to negotiating treaties in which negotiators focus on objectives rather than stating a single acceptable outcome, as in position-based negotiations. This approach allows negotiators the flexibility to explore options that meet the objectives of all parties.
interim measures:
any activity undertaken by the Province in the interim before treaties are concluded, that is related to the management or use of land or resources, and aimed at meeting British Columbia's legal obligations while balancing the rights and interests of Aboriginal and non-Aboriginal British Columbians. Interim measures include, but are not limited to activities undertaken pursuant to the Province's legal obligations. Interim measures may take the form of documented agreements between the Province and a First Nation, but they do not extend to broad restrictions or moratoria on the development or alienation of lands. Interim measures are conducted by individual line ministries, within their day to day operating mandate.
interim protection measures:
formal agreements between Canada, the Province and a First Nation, which are undertaken in the later stages of a treaty negotiation. The agreement may include carefully defined limits on the development or alienation of a specific area of land in order to protect what has been agreed to in the negotiations. Interim protection measures require agreement among all parties to the treaty and must be approved by the Provincial Cabinet.
L:
land claims agreement:
term used by the federal government to refer to a treaty with a First Nation.
land quantum:
amount of land to be negotiated as treaty settlement land in a particular treaty.
land settlement model:
description of the legal status of treaty settlement land, which will follow from the particular legal mechanism used to transfer the land from the Crown to First Nations.
land-based jurisdictional model:
a model of First Nation self-government whereby First Nation self-government powers are limited to treaty settlement lands.
legal obligations:
obligations regarding Crown activity which arise from court decisions. When the Province engages in Crown activity it must determine if Aboriginal rights exist in the area of the proposed activity, whether the activity will infringe upon those rights, and make efforts to avoid or minimize the infringement of those rights to the extent possible. See also Crown Lands Activities Policy and Delgamuukw obligation.
legal uniformity:
provincial policy which holds that some laws will apply uniformly across the Province after treaties are concluded. This includes the Charter of Rights and Freedoms and the Criminal Code. Provincial laws of general application will also apply uniformly unless specifically varied by treaty.
M:
MAA:
provincial Ministry of Aboriginal Affairs. MAA is responsible for negotiating treaties on behalf of the Province.
mandates:
see treaty mandates
Métis:
originally used to refer to the descendants of the early 18th and 19th century French or Scottish fur traders and Aboriginal women in the mid-west (Alberta, Saskatchewan and Manitoba). Today, Métis can also refer to people of mixed ancestry not associated with a specific First Nation.
N:
negotiation-specific mandates:
instructions for provincial negotiators to conclude treaties with individual First Nations. See also treaty mandates.
non-status Indians:
Aboriginal people who for one reason or another are not registered under the Indian Act. They are not members of any bands and are not entitled to any of the rights and benefits specified in the Indian Act.
Last Modified: Jun 26, 2002