Photo by Birgitte BartlettPhoto by Birgitte BartlettPhoto by Birgitte BartlettPhoto by Birgitte BartlettPhoto by Birgitte BartlettPhoto by Birgitte BartlettPhoto by Birgitte BartlettPhoto by Birgitte BartlettPhoto by Birgitte Bartlett

Photo by Birgitte Bartlett

Photo by Birgitte Bartlett

Photo by Birgitte Bartlett

Photo by Birgitte Bartlett

Photo by Birgitte Bartlett

Photo by Birgitte Bartlett

Photo by Birgitte Bartlett

Photo by Birgitte Bartlett

Photo by Birgitte Bartlett

Booklet 2 -Kitsumkalum Area

 The Final Agreement will establish an area called the Kitsumkalum Area.The map shows the Kitsumkalum Area as agreed to in the Agreement in Principle. The outer boundary is familiar because the Kitsumkalum Area is what we claimed as Traditional Territory at the beginning of negotiations. Today, all government agree that we claim the area but they do not yet agree that it is Kitsumkalum Territory. To governments, 'claim' means an assertion by Kitsumkalum of their rights to the territory. After the Final Agreement, the area will become an agreed to area with defined rights. The Treaty will confirm and define our rights within the Kitsumkalum Area.

This booklet focuses on the Kitsumkalum Area and Treaty defined rights within that area. Treaty Settlement Lands (TSL) are a different colour on the map because we will have full ownership and control of the TSL and this will be explained in the Treaty Settlement Lands booklet.

Kitsumkalum Treaty Rights

We will have defined and confirmed Treaty rights in the Kitsumkalum Area. The Treaty recognizes our rights by defining them and ensures they will continue under the protection of the Canadian Constitution.

The Right to be Consulted and Accomodated

In the Treaty, consultation is required and is a method of making sure there is no infringement of any of our defined rights agreed to in the Kitsumkalum Area.

The method in the Treaty requires that we are notified of a proposed activityor project in the Kitsumkalum Area, and provided with enough time and information to be able to get a clear understanding of the activitiy or project. Once we have reviewed the information, the Treaty requires our input and expecations be properly considered.

Today, consulation is not enforcable unless we go to court. This is often a lenthly and expensive process. After the Treaty is final, consulation will be a Treaty right that cannot be bypassed. If the government and industry do not consult they will be in breach of Treaty.

The Treaty states that we must be consulted in the Kitsumkalum Area:

  • If an environmental assessment is needed for any project.
  • If BC plans to change or create new Protected Area or an area were special wildlife management is required, such as Beaver Flats to protect moose or habitat.
  • If BC wants to prepare a management plan for a Protected Area.
  • If Canada wants to create a National Historic Site. Right now, there is no National Historic Sites in the Kitsumkalum Area.
  • If BC Wants to create a new rule to conserve wildlife. Example: If moose populations are very low in an area and BC decides to close that area to all moose hunting, includeing Kitsumkalum hunters, they will need to consult with our government.
  • If Canada wants to create a new rule to conserve migratory birds.
  • IF BC wants to build a major road or change how a major road is used in areas adjacent to our Treaty Settlement Lands.
  • If BC wants to change traffic and transportation laws near any of our settled areas.
  • If BC wants to change the boundary of a regional district or municipality.
  • If BC wants to remove restrictions in a Kitsumkalum Community Watershed.
 
The Right to Harvest
The Kitsumkalum Area will also be called the "Harvest Area" in another chapter of the Treaty. We will have a Treaty right to continue harvesting wildlife, fish, migratory birds, plants and other resources for our own use.
 
Other Treaty Rights in the Kitsumkalum Area
Our Treaty will include other rights in the Kitsumkalum Area. We will have the right to participate in different planning processes including:
  • environmental assessments for projects under federal or provincial jurisdiction
  • public planning such as the planning done by the Regional District and the City of Terrace
  • planning in Protected Areas, National Parks, and Marine Conservation Areas
  • water related to planning (e.g. flood response, water quality, and conservation)
  • advising on wildlife management
Also, if we think that planning is needed for lands or resources, we can propose plans, objectives, and guidelines for those lands or resources. We can propose a new Protected Area if we think that pat of the Kitsumkalum Area should be protected.