Wet’suwet’en deal recognizes rights and title, sets stage for ongong talks

May 12, 2020 | 4:48 PM

SMITHERS, B.C. — A draft agreement between hereditary chiefs who oppose a pipeline in northern British Columbia and the federal and provincial governments recognizes the rights and title of the Wet’suwet’en under the First Nation’s system of governance.

The memorandum of understanding reached more than two months ago was released today by the Wet’suwet’en on its website.

The document does not address Wet’suwet’en opposition to the natural gas pipeline that is being built through their territory by Coastal Gaslink.

It does place timelines on negotiations affecting jurisdiction over land use planning, resources, water, wildlife, fish, and child and family wellness, among other things.

The agreement, dated March 1, was reached amid blockades of key transportation routes that shut down parts of the national economy.

The elected chiefs of the Wet’suwet’en Nations have said they don’t support the memorandum because it was negotiated behind closed doors.

Five elected Wet’suwet’en councils have signed agreements with Coastal Gaslink on the 670-kilometre natural gas pipeline through northern B.C. to Kitimat.

The Wet’suwet’en are governed by both a traditional hereditary chief system and elected band councils.

Coastal GasLink has government approval for construction of the pipeline, but hereditary house chiefs of the Wet’suwet’en say the company has no authority to build the pipeline through their territory without their consent.

Wet’suwet’en hereditary chiefs have invited B.C.’s Indigenous relations minister, Scott Fraser, and Carolyn Bennett, the federal minister of Crown-Indigenous relations, to sign the memorandum on Thursday.

The pipeline dispute has also involved other unsettled land rights and title issues, including who has the right to negotiate with governments and corporations, the fact that the land is not covered by a treaty and remains unceded, and a 1997 court case that recognized the hereditary chiefs’ authority and the exclusive right of the Wet’suwet’en peoples to the land but did not specify the boundaries.

The pipeline first generated widespread national protests in January 2019 when the RCMP enforced an injunction obtained by the company to dismantle obstacles on a remote logging road in northern B.C.

Larger protests were held across the country this February after the RCMP enforced a second injunction.

This report by The Canadian Press was first published May 12, 2020.

The Canadian Press