However, that the B.C. Treaties still remains open-ended. It could be that, once the BC Treaties are established, the Indian Act is not. The only way for the negotiation over this is an interim solution of an Indian Act. This is also in the interest both to BC and the federal government, that there was a final agreement being worked on as the negotiations were underway. This will be a final negotiation to be conducted by a panel, in collaboration with the treaty commissioners, the Indian and Northern Affairs Commission and the B.C. government. The key to this will be the extent to which they, the governments can continue to cooperate and not to have the treaty provisions not fully developed. This is the best result possible, and it would be an unfortunate outcome if the final agreement were not to be as it should be. As they look towards negotiations on the Indian Act, a number of concerns have arisen, including the following: What does it take to sign the treaty? At the point of signing the treaty, the signatories have made a commitment to each other that they will not pursue a separate land claim under BC Constitution. They know that they are signing away their sovereignty. They also know that, in the event that they do pursue a separate land claim, there would be many jurisdictional issues to be worked out, and they would need help from the Canadian courts in doing so. The government has promised the federal government that they will assist them in this regard. That is one of the reasons they are being asked to negotiate so close to the BC border. The treaty process involves three parties, and the government of Canada is supposed to help each party to the negotiations in the manner that is best for them. Will this agreement help each of the three provinces and make a joint solution of the Indian Act possible? It is important to note that this treaty is binding on Canada and BC but not on the federal government. It would be very difficult for there to be any meaningful effect on the federal Indian Act in this process if there was a separate treaty. If there has to be some form of a joint resolution of the issue, can that resolution be put forward through the Indian Act? As we have seen elsewhere in this chapter, if it fails then the Indian Act will be extended as the treaty cannot be implemented in that manner. The main way that each party is bound by this treaty is by its terms. If the agreement is in conflict with the conditions stated in the treaty then each side is bound.
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BC Treaty Commission A Lay Person's Guide to DELGAMUUKW The Supreme Court of Canada interests and allow time for the negotiations to unfold and the new real- late 1997 was widely seen as a turning
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