O-Z 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
O:
openness protocol:
document negotiated between the three parties to a treaty, which provides for public involvement in the treaty process, for example, through public observation of negotiation sessions, media coverage and the public release of tabled documents.
overlaps:
areas of land identified by more than one First Nation as part of their traditional territory.
P:
province-wide treaty mandates:
broad instructions given to provincial treaty negotiators by Cabinet, to establish consistent treaty policies and provide guidance in all treaty negotiations in the province.
R:
RAC:
see Regional Advisory Committee
ratification:
official acceptance of an agreement by one of the parties.
readiness:
term which denotes that a negotiating party is adequately prepared to enter treaty negotiations. The readiness of each party -- Canada, the Province, and the First Nation -- is assessed by the BCTC in the second phase of the six-stage process.
Regional Advisory Committee (RAC):
a body of representatives from key social and economic sectors in a region where negotiations are occurring. A RAC advises both provincial and federal negotiators about issues in the region which should be taken into consideration in treaty negotiations.
Regional Caucus:
a body comprised of local provincial ministry, Crown corporation, and Treaty Advisory Committee representatives that provides advice to provincial negotiators regarding issues specific to the region.
registered Indian:
person who is defined as an Indian under the Indian Act, and who is registered under the Act.
reserve:
see Indian reserve
resource revenues:
revenues from resource extraction and related activities that accrue to the Province or Canada, usually in the form of rents and royalties.
S:
s. 35:
section of the Constitution Act, 1982 that states that Aboriginal rights and treaty rights are recognized and affirmed and makes it clear that treaty rights include rights that now exist by way of land claim agreements or that may be so acquired. As a result of this constitutional protection, government has an obligation not to infringe upon Aboriginal and treaty rights without justification.
s. 87 tax exemption:
tax exemption arising from s. 87 of the Indian Act that applies to status Indians' income and property (including personal property) situated on Indian reserve land.
s. 91.24:
section of the Constitution Act, 1867 which confers upon the federal Parliament the power to make laws in relation to "Indians, and Lands reserved for the Indians."
self-government:
at the time of contact, all First Nations were self-governing. In modern usage, it has come to mean a process by which First Nations can re-establish control over their lands and affairs. Models of self-government may vary from First Nation to First Nation.
settlement land:
see treaty settlement land
six stage process:
process established for all treaty negotiations in the Province. The six stages are:
- A First Nation sends a statement of intent to the British Columbia Treaty Commission;
- the readiness of all parties is established;
- the parties negotiate a framework agreement;
- the parties negotiate an agreement in principle;
- the parties negotiate a final agreement;
- the provisions of the treaty are implemented.
specific claim:
a claim made by a First Nation which is based upon the alleged failure of Canada or British Columbia to meet either the terms of an existing treaty or other agreement, or, in the case of Canada, their fiduciary obligation under the terms of the Indian Act. Negotiated outside of the treaty process.
statement of intent:
document submitted by a First Nation to the B.C. Treaty Commission indicating their intention to negotiate a treaty.
status Indian:
person defined as an Indian under the Indian Act. See also registered Indian.
T:
TAC:
see Treaty Advisory Committee
tax exemption:
see s. 87 tax exemption
third parties:
parties outside of governments and First Nations who have an interest in treaty negotiations, including parties who hold legal interests, rights, permits, or leases granted by a government. See also Treaty Negotiations Advisory Committee.
traditional territory:
the geographic area identified by a First Nation to be the area of land which they and/or their ancestors traditionally occupied or used. See also Aboriginal rights.
transboundary agreement:
an agreement made with a First Nation whose traditional territory is not wholly within the Province, and who already has a treaty outside the province. A transboundary agreement may be protected under s.35 of the Constitution.
treaty:
an agreement between government and a First Nation that defines the rights of Aboriginal peoples with respect to lands and resources over a specified area, and may also define the self-government authority of a First Nation. Treaties are final agreements which have been ratified by all parties.
Treaty 8:
treaty entered into by Canada and five bands from the Peace River area in 1889, with subsequent adhesions up to 1914. The treaty covers large portions of northeast British Columbia and northern Alberta.
Treaty Advisory Committee (TAC):
a committee of local government representatives, set up pursuant to an agreement between the Province of British Columbia and Union of B.C. Municipalities. Treaty Advisory Committees enable local government representatives to discuss issues and interests, advise provincial negotiators on local government issues and participate in negotiations as members of provincial negotiating teams.
treaty entitlement:
see treaty right.
treaty First Nation:
First Nation which has signed a treaty. (In British Columbia this refers only to First Nations included in Treaty 8 in Northeastern B.C. and the Douglas treaties on Vancouver Island.)
treaty mandates:
instructions for negotiators from their respective governments which set out treaty policy related to the subjects to be negotiated. See also province-wide treaty mandates and negotiation-specific mandates.
Treaty Negotiations Advisory Committee (TNAC):
committee established to identify province-wide interests of third parties with respect to treaty negotiations, and provide advice to the provincial and federal ministers responsible for treaties. The 31 member TNAC includes provincial organizations whose members may be directly affected by treaty settlements. Committee members represent the interests of business, labour, environmental, recreational, fish and wildlife groups, and municipalities.
treaty right:
right protected under s. 35 of the Constitution which is held by First Nations people pursuant to a treaty.
treaty settlement land:
area of land that will be owned and managed by a First Nation pursuant to a treaty. The precise legal status of treaty settlement land, and the extent of First Nation jurisdiction on it remains to be determined. Some areas within treaty settlement lands will be held in private ownership, or otherwise designated for uses incompatible with public access. Other areas will accommodate public access as provided for in treaties. The underlying title to treaty settlement lands will rest with the Provincial Crown.
treaty-specific mandates:
see negotiation-specific mandates
tribal councils:
tribal councils, which are groupings of different bands, fall into two categories: traditional alliances of Aboriginal people with a common language and culture; and modern associations of bands who may not share a common language and culture, but were formed to deal with administrative, political and land use issues.
U:
underlying title:
legal interest in land which underlies private ownership and remains consistent through changes in private ownership. When land is abandoned by a private owner, it reverts to the entity which holds underlying title. The underlying title of all land in British Columbia vests with the Crown, either Canada or the Province. After treaties, the Province will have underlying title to treaty settlement lands.
Last Modified: Jun 26, 2002
