What is a Treaty?

The Six-Stage Negotiating Process

In 1990, British Columbia, Canada and the First Nations Summit created the B.C. Claims Task Force to recommend a process for negotiating treaties in B.C.

This lead to the establishment of the independent B.C. Treaty Commission to oversee and facilitate treaty negotiations in the province, as well as the made-in-B.C. six-stage approach to treaty-making.

Stage 1 – Statement of Intent – The Process Begins
In December 1993, the B.C. Treaty Commission began accepting statements of intent to negotiate from First Nations.

The Ktunaxa/Kinbasket Tribal Council filed our Statement of Intent to negotiate a treaty with the governments of Canada and B.C. in December 1993.

Stage 2 – Preparing to Negotiate – Getting Ready
The second stage of the treaty negotiation process is preparing for treaty negotiations. During this stage, preliminary meetings are held between the three negotiating parties. The B.C. Treaty Commission determines the readiness of all three parties to begin negotiating.

The Ktunaxa treaty table was declared ready to begin negotiating in October 1996.

Stage 3 – Framework Agreement – Agreeing on Procedures
Framework Agreements identify the subjects of negotiation and the negotiating schedule.

In May 1998, the treaty negotiators for the Ktunaxa Nation, B.C. and Canada finalized a Framework Agreement that set out a list of possible substantive topics for negotiation during the next stage of treaty negotiations, the Agreement in Principle stage. The Framework also set out procedures regarding the conduct of treaty negotiations; addressing overlaps with other First Nations; public information, openness and consultation; information sharing and interim measures.

Stage 4 – Agreement in Principle – Negotiating the Treaty
The Agreement in Principle (AIP) covers many important topics including land, resources, culture, economic development and self-government.

The Ktunaxa Nation, B.C. and Canada are currently in this stage of the treaty process and are negotiating an Agreement in Principle which will form the basis of the Final Agreement.

The target at the Ktunaxa Nation treaty table is to have a comprehensive Agreement in Principle completed by June 2006 which will lay the foundation for Final Agreement negotiations.

Stage 5 – Final Agreement – The Finishing Touches
During the fifth stage, the three parties will negotiate a Final Agreement based on the Agreement in Principle. They will also agree on an implementation plan. Once the negotiations are complete the treaty will be formally ratified by the citizens of the Ktunaxa Nation and signed by the three governments.

Stage 6 – Implementation – Making it a Reality
After negotiation and ratification are complete, the job of implementation begins. During stage six the specific details of the treaty that have been set down on paper will be put into practice in accordance with an agreed to timetable.

Treaty Negotiations > What is a Treaty? > The Six-Stage Negotiating Process