Supports Item No. 1

CS&B Committee Agenda
December 2, 1999

EXTRACT FROM THE MINUTES
REGULAR COUNCIL MEETING - NOVEMBER 2, 1999
RR-1

1. Lower Mainland Treaty Advisory Committee

"First Principles" Paper File: 3139

Council was provided with a Report Reference on the Lower Mainland Treaty Advisory Committee's (LMTAC) "First Principles" Paper, as outlined in an Administrative Report dated October 13, 1999 (see Administrative Report 3), in which the City Clerk recommended that Council endorse the continued elaboration of the "First Principles" by the Lower Mainland Treaty Advisory Committee. The "First Principles" were developed in a series of workshops attended by representatives of Lower Mainland municipalities, including the City of Vancouver and consist of a series of guiding principles on topics such as lands, resources, governance and jurisdiction, and fiscal matters. The LMTAC will use the First Principles as a starting point for a more detailed exploration of specific treaty-related issues in future interest papers.

Paul Hancock, Manager of Corporate Information and Privacy, and the City of Vancouver alternate LMTAC Representative, presented an overview of the contents of the Administrative Report, followed by Councillor Nancy Chiavario, LMTAC Chair and City of Vancouver Representative, who reviewed the role of LMTAC and provided a summary of the Committee's recent work. David Didluck, LMTAC Executive Director, explained the basis of the "First Principles" and how they were developed.

Council was advised that as delegation requests had been received, arrangements had been made to hear speakers at the November 4, 1999 meeting of the Standing Committee on Planning and Environment. However, in view of the anticipated volume of speakers and the Committee's already heavy agenda, the Chair of that Committee recommended the matter be put over to the December 2, 1999 meeting of the Standing Committee on City Services and Budgets.

MOVED by Cllr. Puil,

THAT Council advise the Lower Mainland Treaty Advisory Committee that it supports the Greater Vancouver Regional District's Comments on the "First Principles" document.

- referred

Cont'd

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Lower Mainland Treaty Advisory Committee "First Principles" Paper (cont'd)

MOVED by Cllr. Puil,

THAT the following motions approved by Vancouver City Council on March 9, 1999 be re-submitted to the new Federal Minister of Indian and Northern Affairs and the new Provincial Ministers of Aboriginal Affairs and Municipal Affairs:

Musqueam Leasehold

THAT Vancouver City Council urge the Federal Minister of Indian and Northern Affairs and the Provincial Ministers of Aboriginal Affairs and Municipal Affairs to:

a) provide a mediator to work with the residents of the Musqueam Leaseholders Association and the Musqueam Band for the purpose of resolving the Musqueam Leasehold issue;

b) develop a consultation process regarding future matters of mutual interest between Musqueam Leaseholders and the Musqueam Band; such consultation to include, where appropriate, consultation with the City of Vancouver (particularly in regard to Service Agreements and dispersion of taxes paid for services such as School taxes);

c) ensure that any agreements which currently exist between the Federal, Provincial and Municipal Governments not be included in a Final Treaty; and further, that negotiations of issues contained in existing agreements must be open and transparent, according to the British Columbia Treaty Commission's treaty process.

Bill C-49: First Nations Land Management Act

A. THAT Council request that the Federal Government and the Senate to delay enactment of Bill C-49, the First Nations Land Management Act (the "LMA") until such time as the following issues are addressed:

i) full public, local government and Provincial government consultation and input;
ii) establishment of consultation, negotiation, mediation, and dispute resolution mechanisms between First Nations, and local governments, Provincial governments, and the Federal Government;

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Lower Mainland Treaty Advisory Committee "First Principles" Paper (cont'd)

Bill C-49: First Nations Land Management Act (cont'd)

iii) establishment of a model to clarify the level of First Nations governance in relation to existing governments;
iv) resolution of questions concerning the compatibility of land uses between local governments and First Nations and other issues of mutual concern;
v) clarification of the impact of the LMA on the British Columbia Treaty process to ensure that the Treaty process is not compromised by the LMA;
vi) resolution of the questions being raised regarding the rights of Aboriginal peoples on an off-reserve, status and non-status, and non-aboriginals on reserve.

B. THAT Council request the Union of British Columbia Municipalities (UBCM) and the Federation of Canadian Municipalities (FCM) to review and consult with local governments regarding the LMA, and take findings, concerns and recommendations to their respective conventions for approval by their memberships; and to advise the Federal Minister of Indian and Northern Affairs that enactment of the LMA should not proceed until the UBCM and FCM input is received.

C. THAT the Provincial Government be advised of Council's concern about the lack of involvement of the Provincial Government in the process resulting in the LMA; and ask that the Provincial Government now become involved by requesting that the Federal Government delay enactment of Bill C-49 until such time as these issues are addressed.

- referred

MOVED by Cllr. Puil,

THAT consideration of the Administrative Report dated October 13, 1999 and the foregoing motions be referred to the December 2, 1999 meeting of the Standing Committee on City Services and Budgets.

- CARRIED

(Councillors Chiavario, Herbert and Kennedy opposed)

(c) 1998 City of Vancouver