Frequently Asked Questions
There have been a series of questions asked by K'ómoks First Nation members on the Treaty Facebook sites, during community meetings and Youth Council meetings. The Treaty team is committed to answering all questions and making those questions and answers available to all K`ómoks First Nation members. Below are some of the questions we have been asked to date:
Who should be K'ómoks First Nation Treaty members?
Do we lose our Aboriginal Rights?
Why do we have to jump into a Treaty when we don't have the capacity to run Self Government?
Why the rush to sign a Treaty?
What is the difference between "forestry" and "logging?"
Q: Who should be K'ómoks First Nation Treaty members?
A: This is a very complex and sensitive question and to date there has not been enough community input and discussion on this matter.
In order to determine who will be eligible to be K'ómoks Treaty members, there are a number of considerations that require further discussion with community members. For example:
• Should all persons of K'ómoks First Nation ancestry be members?
• Should membership be limited to registered K'ómoks band members?
• Should non-First Nation spouses of K'ómoks members be included?
• Should adopted members of K'ómoks be included?
• What about the children of adopted children?
Treaty membership is to be determined by the K'ómoks First Nation Constitution and by the clauses in the Enrolment and Eligibility chapter. These are to be set out and approved by the K'ómoks First Nation people. This allows us to make our membership criteria as narrow or as wide as we want.
For your information, this is how membership is dealt with in the Maa-nulth First Nations Final Agreement:
"As regards a Maa-nulth First Nation, an individual is eligible for enrolment under this Agreement if that individual:
• is of that Maa-nulth First Nation ancestry
• was adopted under laws recognized in Canada or in accordance with the custom of that Maa-nulth First Nation by an individual of that applicable Maa-nulth First Nation who is eligible for enrolment under a., b. or
• is a descendant of an individual of that Maa-nulth First Nation who is eligible for enrolment a. or b.; or c;
• is accepted by that Maa-nulth First Nation as a member of that Maa-nulth First Nation in accordance with the custom of the Maa-nulth First Nation and has demonstrated attachment to that Maa-nulth First Nation."
Since this matter is so important we need the input of as many K'ómoks members as possible. We would appreciate hearing more from you on this matter.
Q: Do we lose our Aboriginal Rights?
A: No. We do not give up our aboriginal rights. In the Treaty aboriginal rights will be modified and continued, they will not be extinguished. Treaty is meant to define aboriginal rights and ensuring they can be exercised by all K'ómoks members.
We have worked very hard to ensure that K'ómoks aboriginal rights are not extinguished. In the General Provisions chapter there is language that says "For greater certainty, any aboriginal rights including aboriginal title, that K'ómoks First Nation may have will not be extinguished, but will be modified and continue as modified as set out in the Final Agreement."
We will also continue to be eligible for all programs and services available to all Aboriginal people and we will continue to be status Indians.
Q: Why do we have to jump into a Treaty when we don’t have the capacity to run Self Government?
A: This raises the important question of training and capacity building. The K'ómoks First Nation has the potential to become Self Governing. K'ómoks First Nation members have the potential to take this on with the proper training, education, mentorship and experience. A capacity plan is being developed for this and will be in place prior to the Effective Date (the date that Treaty comes into force).
In addition there will be an Implementation Plan that will outline the steps that K'ómoks, Canada and BC will have to take to Implement the Treaty in an orderly manner.
We do not have to take on all the responsibilities of Treaty and Self Government on the Effective Date. We can take on responsibilities as our capacity develops.
K'ómoks Self Government will be developed by K'ómoks and will be different from the Canadian and British Columbian Government structures. We will govern ourselves on our lands taking into account the traditional teachings of our ancestors.
Q: Why the rush to sign a Treaty?
A: There is no rush to sign a Treaty. The Treaty team is committed to taking the necessary time to properly represent K'ómoks First Nation in Treaty negotiations with BC and Canada, and to ensure the members are fully informed.
K'ómoks has been in the Treaty process since 1993. K'ómoks will be receiving a land and cash offer on January 21, 2009, we expect that negotiations around land and cash and other parts of the Agreement in Principle (AIP) will be concluded before the end of 2009. If community members agree with the AIP, we would then proceed to Final Agreement negotiations, and this could take several years.
Every day, Crown land is sold to private owners and every day newcomers are taking advantage of our resources and every day that leaves the K'ómoks First Nation with less lands and resources. Because of this, achieving a fair settlement will be more difficult as time goes on.
There is an urgency around protecting our lands and resources.
Q: What is the difference between "forestry"and "logging?"
A: Forestry includes all the aspects of managing the forest, including harvesting, planting, thinning, looking after wildlife, water and soils etc.
Logging only refers to the timber harvesting part of forestry.
