Crown land

What is Crown Land?

Crown land is the term used to describe land owned by the federal or provincial governments. Authority for control of these public lands rests with the Crown, hence their name. Less than 11% of Canada’s land is in private hands; 41% is federal crown land and 48% is provincial crown land. The Yukon, Northwest Territories and Nunavut are administered on behalf of Canada by Aboriginal Affairs and Northern Development through the Territorial Lands Act and Public Lands Grants Act.

About 4% (170, 000 square km) of federally administered land is found in the provinces, ranging from 10.6% in Alberta to only 0.2% in Québec. Provincial crown land ownership varies, too, as high as 94% in British Columbia and Newfoundland to less than 2% in PEI. Surface and subsurface rights to the mineral, energy, forest and water resources may be leased to private enterprise – a very important source of government income in Canada. National and provincial parks, First Nation reserves, federal military bases and provincial forests are the largest and most visible allocations of crown land.

Treaty Land

What are treaties?
Treaties constitutionally entrench reconciliation between: First Nations, Canada, and British Columbia. Treaties are constitutionally protected, government-to-government agreements that identify, define, and implement a range of rights and obligations, creating long-term, mutually binding commitments. Treaties negotiated through the BC treaty negotiations process are a three-party agreement between the governments of Canada, British Columbia, and a First Nation. The goal of treaties is reconciliation. The establishment of a new relationship based on mutual trust, respect, and understanding. Certainty of this relationship is another goal.

Treaties signed with First Nations in Canada between 1701 and 1923 are commonly referred to as historic treaties. In BC, there are Douglas treaties, signed with First Nations on Vancouver Island, and Treaty 8 covering a portion of northeastern BC. Treaties signed today are called modern treaties, and cover where there are no historic treaties, and can also deal with matters not addressed in historic treaties.

The historic treaties signed after the Royal Proclamation of 1763 provided large areas of land, traditionally occupied by First Nations people to the Crown, in exchange for reserve lands and other promised benefits. Early partnerships between Indigenous nations and colonial governments were forged through treaties as well as trade and military alliances and were based on mutual respect and co-operation. Over many centuries these relationships were eroded by colonial and paternalistic policies that were enacted into laws. Canada has embarked on a journey of reconciliation between Indigenous and non-Indigenous peoples. It is a necessary journey to address a long history of colonialism and the scars it has left.

We are all treaty people. All Canadians—settlers and Indigenous peoples alike—are treaty people. Although settlers (individuals who are not Indigenous) may not always be aware of it, or abide by it, treaties in Canada apply to everyone in the country. The treaties detail promises, obligations, and benefits of both Indigenous and settler populations regarding the coexistence of both populations on land traditionally occupied by Indigenous peoples.

Unfinished Business

Treaty making in Canada began soon after European settlers landed in the Americas. The British government, favouring cooperation with Indigenous people, declared that only the Crown could acquire land from Indigenous peoples. This set the stage for the negotiation of treaties with Canada’s indigenous people. This approach was generally accepted across the country.

In B.C., however, very few treaties were signed. The Douglas Treaties, completed in the 1850s, covered part of Vancouver Island and, in 1899, Treaty 8 was extended to include part of northeastern British Columbia. That agreement was made between First Nations and the federal government. The Province of British Columbia, created in 1871, did not recognize Aboriginal title. Its policy stated that all issues relating to “Indians” were the exclusive jurisdiction of the federal government.

Canada stopped treaty negotiations in 1921, but resumed in 1973 in response to a ruling from the Supreme Court of Canada. In 1990, the province joined negotiations, paving the way for the current B.C. treaty negotiation process.

Ceded and Unceded Land

What is the difference between ‘ceded’ and ‘unceded’ territory?

‘Unceded’ means that the First Nations people never ‘ceded’ or legally signed over their lands to the Crown or Canada. Ninety-five percent of British Columbia, including Vancouver sits on traditional First Nations territory. A traditional territory is the geographic area identified by a First Nation as the land they and/or their ancestors traditionally occupied, lived on or used.

Acknowledging the host nation

Before a meeting, an event or often at the start of a new class, it has become proper protocol, particularly in B.C. to acknowledge the host nation, its people and its land on which you are gathering. These acknowledgements are often presented like this:

“Before we begin, I would like to acknowledge that we are
meeting today on the traditional territories of the ________________ people (or Nation).
We thank them for allowing us to meet and learn together on their territory.”

Pre-engagement

When considering and planning for new energy projects that impact Indigenous people and communities, companies should specifically seek to understand the rights of Indigenous peoples to document and address their particular needs and concerns, as well as to understand values, practices, activities, customs or traditions that are connected and undertaken in relation to their identified rights.

Canadian Energy Regulator (CER) Act & Early/Pre-engagement

The Government of Canada has committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data as well as Indigenous knowledge are taken into account in the decision-making on new energy projects⁹.

⁹See “Canada Energy Regulator” for specific details. https://www.cer-rec.gc.ca/bts/ctrg/gnnb/rlnggmntgd/index-eng.html

For more information about the OGC and its activities, visit:

• Website 1: BC Oil & Commission https://www.bcogc.ca/
  

Acknowledging Traditional Ways of Being

Using your new understanding of how the natural gas industry operates in B.C. it is useful to consider your own position and place in the community. You may have heard the word protocol in relation to working with Indigenous people. When interacting with Indigenous people protocol means engaging in a manner than is respectful of traditional ways of being. Protocols are not just “manners” or “rules”—they are representation of a culture’s deep system of ethics.

Protocols can differ from one Indigenous culture or community to another, so understanding each needs to be an ongoing learning process. Non-indigenous people can demonstrate respect and awareness, and that you are taking the time to learn about Indigenous cultures, build stronger relationships, and learn about different ways of interacting.

• For a non-Indigenous person there are few simple things that you can do that are generally common to Indigenous cultures. One example is a land acknowledgement, which often takes place at the start of an event, meeting or other gathering.

 

1. Acknowledging the traditional lands on which you are situated. If you do not know the area, ask someone who knows. Acknowledging the traditional lands is generally done at the beginning of a meeting or event by an Indigenous person local to the area, an Elder, or by the event’s host or facilitator. It is important to note that unless you are Indigenous to that area, you should not “welcome” people to the area – only someone
   who is originally from the location can do that. Acknowledgement, on the other hand, is a good thing for anyone to do
2. Always introduce yourself at the beginning of a meeting. An introduction should include who you are and where you come from, which means your family’s cultural and geographical background prior to being a settler in North America, (i.e. where is your family indigenous to?) Do not say you are from Canada or the United States. You may also include who your parents and grandparents are and where they are from. This allows a deeper understanding of your family lineage and situates you in relation to the people you are interacting with.

Learning Activity 4: Practicing Land Acknowledgement

Instructions

1. Pair up with a classmate
2. Practice the land acknowledgement exercise with the classmate
3. Practice the introduction

Here are some samples that you can try out

This Learning Activity is based on recommendations on Indigenizing curriculum in the resource “Pulling Together: A Guide for Curriculum Developers, a Guide for Indigenization of Post-Secondary Institutions A Professional Learning Series.” Prepared by Asma-Na-Hi Antoine, Rachel Mason, Roberta Mason, Sophia Palahicky, and Carmen Rodriguez de France for BC Campus.

• I would like to thank the  for agreeing to meet with us today, and for welcoming us to your traditional territory.
• I would like to begin our day by acknowledging the  families and their traditional lands on where we begin our work today. I come from a place of respect and gratitude to know I work, live, and learn in their traditional lands.
• I would like to acknowledge that we are on the traditional territory of the  First Nation.
• I would like to acknowledge that we are on the traditional territory of the   people.
• I would like to acknowledge the  people, whose land we are on.
• I want to thank the people for allowing us to live, learn, and play on their beautiful territory.
• We would like to first acknowledge the traditional territory of the  people and extend our appreciation for the opportunity to live and learn on their territory.
• As a visitor, I want to acknowledge the traditional territory of the   people, whose land we are meeting on today.
• Before going further, I wish to acknowledge the ancestral, traditional and unceded Aboriginal territories of the  
  (i.e. Coast Salish) peoples, and in particular, the  (i.e. Cowichan) on whose territory we stand.

Royalties and Investment in the Future

Natural Gas Royalties

The provincial government grants individual companies access to natural gas resources and collects a portion of the revenues generated by the development and sale of products produced from the resource. These revenues are known as royalty payments. The government uses the revenue from these royalty payments to help fund public programs and services including health care, education, infrastructure development and more.

British Columbia Prosperity Fund

The government has also established the British Columbia Prosperity Fund. A portion of the royalties collected from LNG development are deposited into this fund. The Fund could potentially grow to in excess of $100 billion over the next 30 years.