Kitselas Treaty and Kitsumkalum Treaty Negotiations

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Engagement summary
The Nations
Summary of treaty negotiations
Overview of proposed treaties
Recent engagement
What’s next
About modern treaties
Resources

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Overview

Who: Kitselas First Nation and Kitsumkalum First Nation, the Government of Canada and the Province of British Columbia

What: Treaty negotiations

Where: Northwest B.C.

Why: Constitutionally protected agreements that set the relationship to work toward common goals of reconciliation and recognition of First Nations rights and title, to partner on shared priorities and to create jurisdictional and operational certainty in the region

How: In-person, online

Category: Reconciliation Initiatives

Engagement summary

Since the early 1990s, Kitselas First Nation (Kitselas) and Kitsumkalum First Nation (Kitsumkalum) have been involved in treaty negotiations with the Government of Canada (Canada) and the Province of British Columbia (B.C.).

Although the two First Nations are negotiating their treaties together, the negotiations will result in two distinct, separate treaties. These negotiations are now nearing the end of the Negotiation to Finalize a Treaty stage of the made-in-B.C. treaty negotiations process. Read more about that process here. The treaty table includes Kitselas, Kitsumkalum, Canada, B.C., the BC Treaty Commission, the Tsimshian First Nations Treaty Society and local government representatives, including the City of Terrace.

Drafting of the final proposed treaties is nearing completion, with Chief Negotiators from all parties initialling the two draft treaties at the end of June 2024.

Initialling marks an important milestone in the treaty journey, as it signals the conclusion of substantive negotiations. Initialling is subject to important caveats, including Canada and B.C. fulfilling its duty to consult other First Nations and the completion of a final legal review of the treaties.

Read the ratification version Kitselas Treaty (PDF, 3MB) and Kitselas Treaty Appendices (PDF, 14MB).

Please note this version of the Kitselas Treaty and Appendices replaces the previous initialed version. The ratification versions reflect revisions to the Treaty and Appendices based on legal and technical review as well as the resolution of a number of outstanding matters.

A Kitselas Atlas (PDF, 27MB) contains larger versions of four critical maps from the appendices to better show map boundaries.

Read the initialled Kitsumkalum Treaty and Kitsumkalum Appendices. A ratification version of Kitsumkalum Treaty and Kitsumkalum Treaty appendices will be publicly available once completed.

The Nations

Kitselas and Kitsumkalum are members of the Tsimshian First Nations Treaty Society, which represents multiple Tsimshian Nations whose combined territory spans the northwest coast and the lower Skeena River, including the Prince Rupert and Terrace areas.

Their shared language, Sm’algyax, is a dialect of the Tsimshian language. In Sm’algyax, Gitselasu (Kitselas) means ‘people of the Canyon’ referring to the Kitselas Canyon, and Gitsm’geelm (Kitsumkalum) refers to the riffles in the water as it runs over the rocks, while another description refers to ‘people of the Plateau .

Kitselas First Nation has a population of approximately 745 members. Most live on the Kitselas reserve of Gitaus, a 15-minute drive east of Terrace, or in Kulspai, a smaller reserve south of Terrace.

Kitsumkalum First Nation has a population of approximately 825 members, with approximately a third living on reserve, a 10-minute drive west of Terrace.

Both Kitselas and Kitsumkalum are active in the regional economy and have positive and long-standing relationships with local governments. For example, Kitsumkalum recently completed construction on a 350-person camp to house workers for industrial projects in the area and Kitselas is exploring opportunities for energy projects.

Summary of treaty negotiations

Kitselas and Kitsumkalum entered treaty negotiations in the early 1990s. In 2015, negotiators for Kitsumkalum First Nation, Kitselas First Nation, Canada, and B.C. reached Agreements-in-Principle (AIP) with each First Nation, establishing agreement on the substantive elements to be detailed in the completed treaties. In the years since, B.C., Kitselas, and Kitsumkalum have engaged with all levels of government, industry, interest holders, and people in the region on various elements of the proposed treaties.

The Nations and provincial and federal governments are close to concluding negotiations, subject to Canada and B.C. fulfilling their duty to consult with other First Nations and complete a legal review. After these steps are completed, it sets the stage for an approval process called ratification, in which the First Nation, B.C. and Canada seek approval to sign the treaty. In the first step of ratification, members of the First Nation hold a vote on whether or not to approve the treaty and a self-government constitution. If they approve it, the provincial and federal government then each ratify the treaty through legislation. The ratification stage takes several years.

Overview of the proposed treaties

Kitselas, Kitsumkalum, B.C. and Canada have been negotiating the agreements in stages, with consultations with other First Nations, the public and stakeholder throughout. Local government representatives have also sat at the negotiation table as part of the provincial negotiating team. This approach provided opportunities for people and key interest holders to share their needs and help shape treaty provisions that work for all. As a result, the treaties reflect work done together on shared regional priorities established in the 2015 AIPs.

The proposed treaties would:

Ensure Aboriginal rights are recognized and not extinguished and, describe how Kitselas’ and Kitsumkalum’s rights will be exercised
Lay out negotiated approaches to self governance and land to be owned and governed by each First Nation
Address existing interests and tenures on proposed treaty lands (interest-holders have been engaged on the proposed approach to their tenure or interest)
Allow public access non-private treaty lands for hunting, fishing, hiking, skiing and other recreational use
Formalize consultation processes with Kitselas and Kitsumkalum moving forward, and
Describe opportunities for the co-management of resources within the First Nations’ traditional territory

More information about the Kitselas Treaty and Kitsumkalum Treaty can be found in the following fact sheets:

Recent engagement

In the spring of 2023, Kitselas, Kitsumkalum, Canada and B.C. engaged with local communities in the region.

Members of the public joined the treaty partners at an open house in May 2023 to find out more and share input on the two proposed treaties. In June 2023, treaty table representatives held a virtual open house for the public. These sessions took place as negotiations moved to the final stage and included information about lands proposed to become Treaty Settlement Lands. 

A What We Heard Report was developed from discussions with the public on the closing of treaty negotiations. This report describes the engagement activities and participation, and includes feedback and questions collected during the engagement process along with responses given by the negotiating partners. 

Read the What We Heard Report (PDF, 1MB)

Over the past year, correspondence has been sent to, and meetings have been held with, interest and tenure holders to discuss forms of replacement tenures and the arrangements for continuation of interests such as water licenses and traplines.

What’s next

Drafting of the final proposed treaties is nearing completion, with Chief Negotiators from all parties initialling the two draft treaties at the end of June 2024. Initialling marks an important milestone in the treaty journey, as it signals the conclusion of negotiating the agreements and the start of the ratification process.

Once initialled, ongoing consultations with other First Nations and additional legal and technical reviews will continue. Once these steps are complete, the treaties will be finalized and go through the voting and ratification process with members of each First Nation. Kitsumkalum and Kitselas First Nations plan to complete their ratification vote in 2025.

If approved by members of the First Nation, provincial legislation to ratify the respective treaties would be introduced to the Legislative Assembly of B.C. in 2026, followed by Canada introducing federal legislation. If ratified by all parties, the treaties are expected to have an effective date around 2028.

The First Nations and the provincial and federal governments will conduct ongoing public engagement during this period, so everyone who is potentially impacted by the treaties is kept informed. Canada and B.C. will also continue its consultation process with neighbouring First Nations during this period.

Make sure to sign-up for email updates to find out about future engagement opportunities and key milestones in treaty negotiations: Kitselas.Kitsumkalum@gov.bc.ca.

About modern treaties

Treaties signed today are known as modern treaties. Modern treaties in British Columbia, other than the Nisga’a treaty, are negotiated under the made-in-B.C. treaty negotiations process, facilitated by the British Columbia Treaty Commission. Treaties are comprehensive, living agreements protected under the Canadian constitution. They promote positive and stable conditions to support each First Nation’s government, community well-being and economic growth.

Modern treaties outline the First Nation’s responsibilities and jurisdictions over treaty lands, such as ownership, access, governance, taxation and environmental management. Treaties empower First Nations to step out of the Indian Act’s legislative control. As living agreements, these treaties do not freeze rights in time. Rather, they are foundations from which First Nations can build partnerships, expand economic development and support their community’s social well-being.

Modern treaties are one pathway for reconciliation that help move away from conflict and uncertainty. Treaties recognize that neighbours are stronger working together and help build a brighter future for everyone. Treaties give certainty, ending the application of laws and policies that deny equal opportunity and reconcile First Nations rights with other rights, rather than replacing or extinguishing those rights.

By bringing together First Nations, Canada and B.C. for formal negotiations with public consultation, modern treaties are also an opportunity for local communities to share their needs and challenges to shape treaty provisions. As a result, modern treaties provide significant benefits for all people in their regions, stronger community bonds, and plans to work together on shared priorities.

Examples of benefits that have come from modern treaties include:

Local Investment: Treaties include funding from the federal government which are invested by First Nations directly in B.C.’s local communities, including funding education, cultural vitality, land and water-management, homes for people and economic development to build strong, safe and healthy communities. A well-known Deloitte¹ study shows every dollar invested in agreements like treaties generates more than double in return in terms of economic activity.
Social Well-Being and Empowerment: Treaties include protection and revitalization of First Nations culture, language and heritage. Canada’s Community Well-Being Index (CWB) shows overall higher well-being in modern treaty regions following the conclusion of a treaty.
Economic Opportunity and Prosperity: Modern Treaty Nations are diversifying local economies in culturally relevant ways, helping build B.C.’s strong, sustainable, clean economy.
Services People Rely On: Treaties enable First Nations to develop revenue streams and build capacity in critical services such as housing, health care and education.
Protecting our Land, Water and Resources: Treaties contain provisions that enable local communities and First Nations to work together to ensure local land, water and resources are managed sustainably.

¹Deloitte (Oct 2016) “Socio-economic Benefits of Modern Treaties in BC”