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For Immediate Release May 17, 1999
Lower Mainland Treaty Advisory Committee Presents
Bill C-49 Amendments to
Prime Minister's Western Task Force
Vancouver, B.C.
City of Delta Councillor, Vicki Huntington,
Vice-Chair of the Lower Mainland Treaty Advisory Committee
(LMTAC) said today that the Prime Minister's Task Force must
ensure that amendments concerning expropriation and consultation
with local government are accepted before passing Bill C-49.
Should the Bill be implemented without these amendments,
First Nations and Bands across Canada will be permitted to
develop their own land codes to manage reserve lands - codes
that will replace the current land management provisions (sections
53-60) of the Indian Act. These land codes set out the rules
and structures that will apply to reserve lands, and once
adopted, will empower the Band Councils to make laws concerning
the management, development, use, possession and occupancy
of their reserve land.
Councillor Huntington, along with District of North Vancouver
Mayor Don Bell, White Rock Councillor James Coleridge and
Chilliwack Mayor John Les made a presentation to the Prime
Minister's Task Force on the Four Western Provinces during
their visit to Vancouver on May 17, 1999 at 4:15 p.m. PST.
The presentation relates to LMTAC's recent testimonial to
the Senate Committee on Aboriginal Peoples regarding proposed
amendments to Bill C-49.
Mayors Bell and Les and Councillor Coleridge form a special
committee of LMTAC called The National Committee for Changes
to Bill C-49. Their actions include working with the Federation
of Canadian Municipalities to distribute letters, faxes and
petitions in favour of amendments to Bill C-49.
Members of the Lower Mainland Treaty Advisory Committee raised
two specific concerns regarding Bill C-49:
1. Bill C-49 includes no provisions for direct Local Government
and neighbouring community contributions into the development
of land codes. Given that there already is a comprehensive
treaty process underway in British Columbia, the application
of Bill C-49 appears to be creating a second, parallel process.
Presently, in the treaty process, Local Governments sit as
full members of the Provincial negotiating team and have an
opportunity to provide input on treaty proposals.
2. The Bill provides no requirement for consultation with
neighbouring Local Governments on land use or other issues
of mutual interest, nor with non-Indian Band members living
on reserve lands.
"As a result of these concerns," says Huntington,
"the Lower Mainland Treaty Advisory Committee, in coordination
with the Union of BC Municipalities (UBCM) and the Fraser
Valley Treaty Advisory Committee (FVTAC), have developed a
list of draft amendments to the Bill which we presented to
the Prime Minister's Task Force." Such amendments include:
1. Expropriation
Define the clause dealing with expropriation of non-reserve
land and apply Federal Expropriation Act guidelines which
establish clear notification periods and a process for determining
fair compensation.
2. Public Consultation
Develop a mechanism for public and Local Government consultation
(such as the establishment of a notification and consultation
mechanism) when a First Nation land-use plan affects neighbouring
non-reserve lands.
3. Adoption of a Land Code
Establish the principle of reciprocal consultation between
First Nations and Local Governments for proposed land uses
and development permissions on adjoining lands.
As Ms. Huntington explains, "Bill C-49, the First Nations
Land Management Act, needs clarification to ensure that Aboriginal
and Non-Aboriginal interests are treated fairly. Local Governments
in the Lower Mainland have serious concerns with this Bill
and we have not been adequately consulted. We believe that
rushing the enactment of the First Nations Land Management
Act without addressing these issues will negatively impact
subsequent treaty negotiations and First Nation/Local Government
relations," she said.
"LMTAC works to coordinate and represent the interests
of local governments
and their constituents in Lower Mainland area treaty negotiations."
Further information, contact: David Didluck, LMTAC Executive
Director
Tel: (604) 451-6179
Cell: (604) 868-1886
For further information or feedback, please email us
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