K’ómoks Treaty Negotiations

Engagement summary

Since 1994, K’ómoks First Nation (K’ómoks) has been involved in treaty negotiations with the Government of Canada (Canada) and the Province of British Columbia (B.C.).

These negotiations are now nearing the end of the Stage 5 – Negotiation to Finalize a Treaty of the made-in-B.C. treaty process. Read more about that process here. The treaty table includes K’ómoks, Canada, B.C., the British Columbia Treaty Commission, and local government representatives, including the Comox Valley Regional District, the Town of Comox, the City of Courtenay and the Village of Cumberland.

Drafting of the proposed treaty is now nearing completion, with Chief Negotiators from all parties initialling the draft treaty at the end of July 2024.

Read the initialled K’ómoks Treaty and K’ómoks Treaty Appendices.

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 their duty to consult other First Nations and the completion of a final legal review of the treaty.

After initialling, the treaty must go through a ratification process — a process that takes several more years.

The K’ómoks First Nation

tuwa akʷs χoχoɬ ʔa xʷ yiχmɛtɛt (ʔa) kʷʊms hɛhaw tʊms gɩǰɛ 
“Care takers of the ‘land of plenty’ since time immemorial”

K’ómoks traditional territory spans the Comox Valley in the central eastern part of Vancouver Island, extending into Johnstone Strait. The K’ómoks Nation has approximately 350 members, primarily located in the Comox Valley.

Oral histories and archaeology describe a rich and bountiful relationship between the K’ómoks people and their territory. 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 the K’ómoks 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.

Today, K’ómoks is active in the local economy and has strong relationships with local governments, which are supportive of the treaty. Local governments in the region have worked together with K’ómoks for years to prepare for the treaty, including co-investing in water treatment and management and sewage infrastructure for the region. 

Summary of treaty negotiations

K’ómoks entered treaty negotiations in the early 1990s. In 2012, negotiators for K’ómoks, Canada, and B.C. reached an Agreement-in-Principle (AIP), establishing agreement on the substantive elements to be detailed in the completed treaty.

In the years since, K’ómoks, B.C. and Canada have engaged with all levels of government, industry, interest holders, and people in the region on various elements of the proposed treaty. K’ómoks has worked closely with its local government partners to invest in shared services and regional economic development. During this time, B.C. and Canada have also continued their engagement in Crown consultation with neighbouring and overlapping First Nations as the negotiations progressed.

K’ómoks and provincial and federal governments have now substantively concluded negotiations, subject to important caveats, including Canada and B.C. fulfilling their duty to consult with other First Nations and the completion of a tripartite legal review of the full treaty and appendices.

After these steps are completed, it sets the stage for a ratification process, in which the First Nation, B.C. and Canada seek approval to sign the treaty. In the first step of ratification, K’ómoks holds 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 K’ómoks Treaty

K’ómoks, B.C. and Canada have been negotiating the agreement in stages, with consultations with other First Nations, the public and interest holders throughout. Local government representatives have also sat at the negotiation table as part of the provincial negotiating team. This approach provides opportunities for people and key interest holders to share their needs and help shape treaty provisions that work for all. As a result, the treaty reflects work done together on shared regional priorities established in the 2012 AIP. Read the AIP here.

The proposed K’ómoks Treaty would:

• Ensure Aboriginal rights are recognized and not extinguished and describe how K’ómoks rights will be exercised
• Lay out negotiated approaches to self governance, and confirm land parcels totalling approximately 34.6 km² (3,460 hectares or 8,550 acres) to be owned and governed by K’ómoks, with an ability for K’ómoks to purchase and add up to 15.92 km² (1,592 hectares or 3,934 acres) of additional land over time
• Address existing interests and tenures on proposed treaty lands (interest-holders have been engaged on the proposed approach to their tenure or interest)
• Commit K’ómoks and B.C., in light of shared concern for sustainable watersheds, to develop a water scarcity management agreement for collaborative groundwater management under provincial legislation, with engagement from the region’s water users, and
• Consultation and opportunities for co-management of resources for K’ómoks within the K’ómoks territory.

The treaty will provide the basis for a revitalized relationship between K’ómoks and all levels of government by fostering shared understanding about K’ómoks rights and delivering economic predictability in the region. The K’ómoks Treaty is intended to create jobs, promote investment and economic development, build housing, support tourism, encourage investments in infrastructure and support social well-being for the K’ómoks First Nation community, all of which will benefit the entire Comox Valley and surrounding area.

More information about the K’ómoks Treaty can be found in the following fact sheets:

• Treaty overview
• Governance
• Lands and access

Recent engagement

Local government, interest holder and public engagement is important for everyone at the treaty table. Engagement provides an opportunity for local governments, interest holders and the public to learn more about the treaty and discuss hopes and issues for the treaty and its implementation.

From May to October 2022, K’ómoks, Canada and B.C. engaged with local communities in the region via local government presentations, open houses, community events, and mailed materials.

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 rates, including feedback and questions collected during the engagement process, along with responses given by the negotiating partners.

Read the What We Heard Report.

In recent years, 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 licences and woodlots.