K’ómoks Treaty Negotiations



K’ómoks First Nation (K’ómoks), the Government of Canada (Canada) and the Province of British Columbia (B.C.) have been in treaty negotiations since 1994. These negotiations are now in the final stage, Stage 5, of the BC Treaty Process read more about that process here.

The treaty table includes:

  • K’ómoks, Canada, and B.C. as parties to the treaty,
  • BC Treaty Commission, as facilitator and neutral party, and
  • Local government representatives.

Treaties are an important part of Canada and B.C.’s work to advance reconciliation guided by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Truth and Reconciliation Commission’s Calls to Action.

About the K’ómoks Treaty negotiations
Treaties are constitutionally protected agreements that help build a nation-to-nation relationship between First Nations, Canada and B.C. based on mutual trust, respect and understanding. Treaties are protected under the Constitution of Canada and include a commitment to a range of rights and obligations that all levels of government, including Treaty Nations, recognize. Treaties outline responsibilities and jurisdiction over treaty lands such as ownership, access, governance, financial benefits, taxation, and environmental management including fish and wildlife.

The treaty will:
• recognize the pre-existing rights and title of K’ómoks,
• establish self-government under a K’ómoks constitution,
• return lands to K’ómoks to self-manage, and
• establish co-management/shared governance in its territory.

This means that K’ómoks will have ownership and jurisdiction over their treaty settlement land and can determine how best to use it. K’ómoks will have the right to self-govern and make laws concerning their lands and people, for example, K’ómoks could choose to make laws about health services, education, child and family services etc. for K’ómoks members.

The treaty will provide the basis for a revitalized relationship between K’ómoks, their neighbours and all levels of government by fostering shared understanding and delivering economic predictability in the region. It is intended to encourage investment, create jobs, expand economic development, and support social well-being for K’ómoks.

Background on the K’omoks Treaty Negotiations

The ancestors of the K’ómoks First Nation have occupied eastern Vancouver Island and offshore islands from Salmon River to Little River. From Little River to Englishman River was occupied by the Pentlatch people. The K’ómoks and Pentlatch people spoke distinct Coast Salish languages and share a rich and vibrant culture. The Pentlatch were amalgamated with the K’ómoks tribes in 1876, by the government of Canada.

Oral histories and archaeology describe a rich and bountiful relationship between the K’ómoks and Pentlatch people and their territories. Salmon, herring, shellfish, herring, deer, elk, seal, cod, rockfish, geese, duck, and a plethora of berries and plant foods filled the bellies of young and old alike. The harvest, preparation and cultivation of local resources were appropriate to the environment, resource, and spiritual beliefs. Fish weirs, clam gardens, duck nets, berry picking techniques and clothing design met the needs of K’ómoks and Pentlatch people, and for generations provided variety, utility, and sense of cultural uniqueness. Mask dances and rhythmic songs filled the winter nights and throughout the seasons. Property was distributed to guests in potlatches and elaborate naming ceremonies honoured the youth, leaders, and Elders of the communities.

Long before the arrival of settlers in this region, the K’ómoks and Pentlatch people were made up of a number of sub-tribes. Following contact with Europeans, northern First Nations groups started a southerly move into K’ómoks territory. A period of conflict displaced the K’ómoks southward to the territory of their relatives, the Pentlatch around the Comox Valley. Followed by a period of colonial policy and practices, the K’ómoks and Pentlatch families endured hardship and loss of land, resources, and cultural connection.

In the latter part of the 19th century, the surviving sub-tribes of K’ómoks amalgamated with the Pentlatch and collectively became known as the Comox Indian Band In 1940. The K’ómoks modern composition was complete when the Hahamatsees/Walitsma, a Kwakwaka’wakw group with partial K’ómoks origins, amalgamated with K’ómoks, bringing with them the Salmon River Indian Reserve.

K’ómoks entered Stage 1 of the Treaty negotiations process in 1994 and signed the Agreement in Principle (Stage 4) with British Columbia and Canada on March 24, 2012. The purpose of the Agreement in Principle (AIP) was to identify and define the range of rights and obligations to be included in the treaty, including:

  • existing and future interests in the land and natural resources;
  • governance authorities and structures;
  • laws and other regulatory processes; and
  • fiscal contributions and relationships, as well as processes for amendments and dispute resolution.

The AIP forms the basis for the treaty and lays the groundwork for its implementation. Read the AIP here.

During Stage 5 treaty negotiations, the interests identified in the AIP are built upon, additional matters are negotiated, and all legal and technical issues are resolved to reach a formalized treaty agreement.

There are several important steps that must occur following the completion of negotiations and before the implementation of the treaty begins. K’ómoks must create laws and a constitution to be voted on by its members. B.C. and Canada must develop and pass legislation. Prior to the final signing, the treaty requires Royal Assent.

When signed, this treaty will embody the new relationship and commitments made between K’ómoks, Canada and B.C. The final stage, Stage 6, is the implementation of the treaty, which occurs when a treaty is approved by all signatories.

Resources

British Columbia Treaty Commission (BCTC)
K’omoks First Nations website
K’omoks First Nations Treaty webpage
K’omoks Agreement in Principle (signed March 24, 2012)
About K’omoks First Nation (B.C.webpage)
United Nations Declaration on the Rights of Indigenous Peoples
B.C.Declaration on the Rights of Indigenous Peoples Act

Local government, stakeholder and public engagement is important for everyone at the treaty table. The purpose of engagement is to share information and build awareness and support of the final stage of negotiation of the K’omoks Treaty as a step to advance reconciliation and foster good neighbour relationships in the region.

Partner, Stakeholder and Public Engagement
Engagement has been on-going with local governments and stakeholders throughout negotiations to share information about the treaty. Engagement provides an opportunity for local governments, stakeholders and the public to discuss hopes and issues for the treaty and its implementation.

Public outreach and engagement will launch in the summer of 2022.

May – August, 2022        
Treaty partners will be attending public events to provide information and talk about what the treaty means.

July – August, 2022         
The treaty partners will host public engagement sessions to provide opportunities for learning about the treaty and gathering feedback.

More details will be posted on this page, including how you can get involved, once available.

For questions, please contact: komoks.treaty@gov.bc.ca

Details of the Engagement

Category: government

Status: Open

Location: Province-wide