History of the negotiations with the Nisga'a Tribunal Council

In 1973, the Nisga'a people appealed successfully to the Canadian government to negotiate a treaty settlement.

Until 1990, the Nisga'a negotiations were conducted on a bilateral basis between Canada and the Nisga'a Tribal Council (NTC). In 1990, the B.C. government recognizing that its involvement is necessary to resolve questions around lands and resources formally joined Canada and the Nisga'a Tribal Council at the negotiating table. A tripartite Framework Agreement was signed in 1991 between Canada, the NTC and British Columbia. Negotiations with the Nisga'a Tribal Council pre-date the British Columbia Treaty Commission (BCTC) and have been conducted outside the BCTC process.

Canada, British Columbia and the Nisga'a initialled an Agreement-in-Principle (AIP) on February 15, 1996. The agreement was ratified by the Nisga'a people and signed on March 22, 1996 in New Aiyansh. The AIP provided for a financial transfer of $190 million and the establishment of a Nisga'a Central Government with ownership of, and jurisdiction over, approximately 2,000 square kilometres of land in the Nass River Valley. It also outlined Nisga'a ownership of surface and subsurface resources on Nisga'a lands, and spelled out entitlements to Nass River salmon stocks and Nass area wildlife harvests.

In late Spring 1996, with mandates in place to negotiate a Final Agreement, the three Parties began the organization and planning required to undertake the complex task of developing the AIP into a formal treaty. The federal government appointed Saskatoon lawyer Tom Molloy, who has extensive experience in modern treaty negotiations, to head Canada's negotiating team.

Throughout the process of the Nisga'a negotiations, all three Parties have kept the public and third parties informed through public consultations and meetings and through briefings to both the Treaty Negotiation Advisory Committee, comprising 31 members representing various third-party interests, and regional advisory committees. Some 250 consultation meetings and public events concerning the Nisga'a negotiations have taken place since late 1991. Negotiations on the Final Agreement concluded on July 15, 1998. The Final Agreement mirrors the AIP, in which most of the major issues were agreed upon. Work remains on the completion of the supporting implementation plan. While the implementation plan does not set out Nisga'a rights or benefits, it does set out how the provisions of the Final Agreement will be put into effect by the Parties. Although not necessarily a prototype, the Final Agreement is now being reviewed closely for its implications for the 51 Aboriginal groups in negotiations under the BCTC process.

Initialling this Final Agreement formally concludes the Nisga'a treaty negotiation process. Each Party has now to undertake a ratification process, beginning with the Nisga'a. The Government of British Columbia would then ratify the Final Agreement. Following acceptance by the Nisga'a and by the provincial government, the Government of Canada will proceed with its ratification process.

The Final Agreement sets out the specific steps to be taken by each Party. For the Nisga'a, the steps include consideration of the Final Agreement at an assembly followed by a referendum. For B.C. and Canada respectively, ratification requires the signature of a Cabinet Minister and the enactment of provincial and federal settlement legislation.