Incremental Treaty Agreement (ITA)
Strategic Engagement Agreement (SEA)
We are also negotiating a Strategic Engagement Agreement (SEA) to maximize our governance authority within our entire traditional territory (off-treaty settlement lands).
An SEA will help protect our aboriginal rights off-treaty settlement land, and create opportunities for co-management or partnerships. Co-management and partnerships throughout our territory is the key to making our treaty work – this is how we will create economic opportunities for our people.
Common Table Negotiations
Ditidaht has been negotiating at a common table with the Pacheedaht First Nation since 1996. The Pacheedaht are our neighbours and our relatives, and we share with them a common language. We are negotiating in parallel, meaning each Nation will have its own treaty if negotiations are successfully concluded.
First Nations leaders and the governments of Canada created the treaty process as a six-stage process. The stages are meant to guide the parties through negotiations. Ditidaht is in Stage 4 Agreement in Principle negotiations.
Statement of Intent
Only a First nation can initiate treaty negotiations. This happens when the Nation files a statement of intent with the BC Treaty Commission. The statement must:
- identify the First Nation and its members;
- describe the First Nation’s traditional territory;
- indicate that the First Nation has a mandate to enter into and represent its members in treaty negotiations; and
- appoint a formal contact person.
Preparation for Negotiations
The parties come together for an initial meeting. Each party must show it is prepared to negotiate a treaty, they the have a sense of what they want to negotiate, and submit readiness documents. The table moves to Stage Three when the Treaty Commission is satisfied the parties are ready.
Negotiation of a Framework Agreement
This stage is about defining the goals and objectives of negotiations. The parties discuss what they want to negotiate, and how they will make this happen. They also establish a timetable and the procedures (such as location of meetings) that will be followed. The parties also discuss a communications and public information program.
Negotiation of an Agreement-in-Principle
Treaty negotiations begin. The parties discuss everything set out in the Framework Agreement, including lands and resources, self-government, treaty rights, culture and heritage, water rights, and finances. The parties also discuss and negotiate how consultation will occur throughout the traditional territory after Treaty. The goal is to reach conceptual agreement on each of the key elements or topics that will form the basis of the treaty. These topics will be the subject of additional, comprehensive negotiations during the negotiation of the Final Agreement.
Ditidaht also identifies its proposed Treaty Settlement Lands at this stage, which will be subject to additional negotiations during both AIP and the negotiation of the Final Agreement. We won’t know the full extent of the Treaty Lands, until the negotiation of the Final Agreement.
Negotiation of a Final Agreement
Once the Agreement-in-Principle is completed, the parties move to the Stage 5, which is the negotiation of the Final Agreement – to find out what will be in the Final treaty, and whether this meets Ditidaht’s needs and interests.
This is where the parties have substantive negotiations on all aspects of the Treaty, and work to resolve and address all outstanding issues. This is also the stage where the real negotiations on the Treaty Lands happen.
During the Final Agreement negotiations, Ditidaht will get a complete understanding of what the Treaty will look like and what it will include. The Treaty will not proceed unless there is a successful vote on the Final Agreement by Ditdiaht, and the treaty is formally ratified by all parties. If Treaty is successful, the parties move to Stage 6 which is Treaty Implementation.
Treaty Implementation
Implementation is the hard work of turning the words of a Treaty into reality. This stage only happens after the First Nation votes to accept its Final Agreement. Implementation can happen all at once, or be phased-in over a period of time. The table remains active to oversee the implementation of the Treaty.
Clear air, pure water and the food of the forests and the waters of our Territory have sustained our people, our economy and our traditions.
That we hold the wealth of our Nation and the use of our lands, waters and resources in the future as we did in the past, to the common good and benefit of all Ditidaht, by fostering development that is based on the principle of caring for and maintaining our physical and spiritual linkages with our lands, waters and resources for all generations.
The Ditidaht Constitution