Study finds Northern Canada reaping benefits of modern treaties

A new study says both First Nations and resource companies are reaping the benefits of modern treaties.

It examines the economic impact of these modern treaties on First Nation communities by comparing communities that implemented a treaty against other similar communities without treaties, with a particular focus on treaties implemented between 1991 and 2006 in rural BC, the Northwest Territories and Yukon.

Study author Fernando Aragon says historical treaties do a poor job of defining Aboriginal rights over ancestral land and resources, while modern treaties seek more clarification.

Aragon says income on First Nations reserves has increased by an average of 17 percent when a modern treaty is in place.

“There are many beneficial effects of treaties on local income of households, not only for Aboriginal individuals, but in neighbouring, non-Aboriginal communities. They’ve seen increases of as much as 9% in household income.”

However, there are only two modern treaties in BC, as the first modern treaty was the Nisga’a Final Agreement was signed in 2000.

The bulk are in use in the Yukon, Northwest Territories, and Northern Quebec.

“Treaties have been used by the First Nations and Federal Government as a way to clarify how companies can make use of their natural resources. So the one of the biggest resource booms has happened in the Northwest Territories,” notes Aragon. “These treaties facilitate the development of extractive industries, like logging or mining. It has a lot of positive effects.”

He adds clarity of property rights also benefits resource companies.

“Now they can establish new developments knowing exactly which individuals and communities need to be compensated, or to be brought in for discussion.”

The study says such clarification paves the way for more resource projects that may increase demand for local workers.

Aragon also took time to note many treaties were unfair to the First Nations.

“The earliest treaties between First Nations and the British Crown date back to 1701. Called historic treaties, they
continued until 1923 and involved mostly First Nation communities in the Prairies and Eastern Canada. Largely
neglected were First Nation communities throughout Northwest Canada and BC and other Aboriginal populations
such as the Inuit and Métis. Moreover, some treaties did not fully capture the scope of Aboriginal rights as later
set out in the 1982 Constitution, while others were not fully implemented,” The study states. “Treaty-making is still politically charged, especially in resource-rich provinces. There are currently almost 100 treaty negotiations ongoing across the country (Aboriginal Affairs and Northern Development Canada 2015).”

In BC alone, there are currently 111 First Nations bands (70 percent of its Aboriginal people), participating in
the treaty process.

The Lheidli T’enneh was one of the first indigenous communities to start negotiations under the BC Treaty Process, though their treaty is still defined as historical.