Re: Crown Withdrawal of Kitselas Treaty Pending Consultation
Press Release
April 8 2025
Frank Osendarp
Chief Federal Negotiator
Government of Canada
25 Eddy Street
Gatineau, QC K1A 0H4
SENT VIA EMAIL
Mark Lofthouse
Chief Provincial Negotiator
Government of British Columbia
PO BOX 9051, STN PROV GOVT
Victoria, BC V8W 9E2
Dear Mr. Osendarp and Mr. Lofthouse,
Re: Crown Withdrawal of Kitselas Treaty Pending Consultation
I am writing ahead of Kitselas’ imminent referendum vote, scheduled for April 10, 2025, to request the Crown withdraw its treaty proposal with Kitselas First Nation immediately to ensure meaningful consultation can occur with Lax Kw’alaams before any party ratifies the proposal.
Reconciliation requires the Crown consider and accommodate Lax Kw’alaams rights in the negotiation of Kitselas treaty rights that would infringe upon Lax Kw’alaams rights. This has not occurred. Ratification of the treaty by Kitselas would severely impair the Crown’s ability to uphold its honour through meaningful consultation. Further, so long as the treaty fails to respect Lax Kw’alaams rights, the treaty misrepresents and overstates the true scope of Kitselas treaty rights in Lax Kw’alaams territory.
Lax Kw’alaams is owed deep consultation regarding the Kitselas Treaty proposal. As Lax Kw’alaams has previously outlined, consultation to-date has been superficial and unproductive. For over a decade, core aspects of Lax Kw’alaams rights and perspectives have yet to be demonstrably understood or considered by the Crown and reflected in the treaty proposal.
The Crown has extensive evidence of Lax Kw’alaams rights and has been provided clear explanation of Lax Kw’alaams fundamental issues with the proposed treaty. Despite detailed knowledge of the flaws in the proposed treaty and its own inadequate consultation efforts, Canada remains in “listening mode” during the interregnum and the Crown continues to suggest purely formal steps (e.g. an abstract “protocol agreement”) which would punt any effective measures to address Lax Kw’alaams’ rights until after the treaty is ratified (and may never address them, since that “protocol agreement” is only a concept with no details or content). As a treaty partner of Kitselas, and in respect of its special relationship with Lax Kw’alaams, the Crown must address these issues with the treaty before it is ratified – not after.
At our meeting of February 21, 2025 Kitselas acknowledged under Tsimshian law that it must seek Lax Kw’alaams’ consent for use of Lax Kw’alaams’ territory. Kitselas also promised to follow-up with details about its suggestion for a “protocol agreement”. To date, Kitselas has neither followed up about meeting with Lax Kw’alaams, or offered any details about any “protocol agreement”. There has been no follow-up from Kitselas whatsoever following our meeting of February 21, 2025.
Similarly, the Crown has yet to reply to our letter of February 21, 2025 or offer perspectives on our letter to Chief Bennett of March 14, 2025. Unfortunately, the pattern of Lax Kw’alaams raising concerns about the impacts on our rights, title, and laws, followed by an empty promise to address those concerns later with no concrete steps now, defines this consultation process to date. For Lax Kw’alaams, the most recent focus on a potential future ‘protocol agreement’ is the latest effort to delay meaningful consideration of our perspectives. Lax Kw’alaams has been provided no details about this treaty “protocol agreement” and how it would protect Lax Kw’alaams rights and title, when the underlying proposed treaty is a direct encroachment upon our territory in violation of Tsimshian law. The Crown’s recent reliance on this hypothetical “protocol agreement” is ironic, because Canada has repeatedly refused to enter into an actual protocol with us that would have enabled more effective consultation.
Given the Crown’s willingness to allow the treaty process to proceed despite Lax Kw’alaams’ serious concerns, Kitselas has no incentive or requirement to reconcile its purported treaty rights (which are based on mere assertions of interests) with Lax Kw’alaams rights. If the vote proceeds on April 10, 2025, and its members approve, Kitselas will have ratified its treaty without any regard for Lax Kw’alaams rights. This simply cannot occur in good-faith, consistent with the Crowns duties to Lax Kw’alaams.
The Crown must consider and fulfill its constitutional duties and obligations to Lax Kw’alaams in all its conduct including negotiation of a treaty with Kitselas that impacts Lax Kw’alaams territory. Allowing Kitselas to proceed to ratification at this time would fundamentally impair the constitutional duty of consultation and accommodation owed to Lax Kw’alaams. During our meeting on April 3, 2025, you asked us “What should we do?” As we explained then, the Crown must withdraw the treaty proposal for ratification, pending meaningful consultation and accommodation of Lax Kw’alaams rights.
Sincerely,
LAX KW’ALAAMS BAND
Councillor Joey Wesley, Rights and Title Committee Chair
cc: Mayor Garry Reece; Neegann Aaswaakshin, Lax Kw’alaams Legal Counsel; Nathan Hume, Ratcliff LLP; Jeff Nicholls, Ratcliff LLP; Carina Diller, Provincial Senior Negotiator; Rosie Sill, Federal Negotiator; Paul West, Federal Negotiator
ILR4
