British Columbia aboriginal treaty referendum, 2002
Encyclopedia
The BC Treaty Referendum was a province-wide referendum
on First Nations
treaty rights in British Columbia
, Canada
.
In the spring of 2002 the Premier
Gordon Campbell and the British Columbia Liberal Party
government sent out ballots to registered voters in the province. The referendum proposed eight principles that voters were asked to either support or oppose:
2. The terms and conditions of leases and licences should be respected; fair compensation for unavoidable disruption of commercial interests should be ensured. (Yes/No)
3. Hunting, fishing and recreational opportunities on Crown land should be ensured for all British Columbians. (Yes/No)
4. Parks and protected areas should be maintained for the use and benefit of all British Columbians. (Yes/No)
5. Province-wide standards of resource management and environmental protection should continue to apply. (Yes/No)
6. Aboriginal self-government should have the characteristics of local government, with powers delegated from Canada and British Columbia. (Yes/No)
7. Treaties should include mechanisms for harmonizing land use planning between Aboriginal governments and neighbouring local governments. (Yes/No)
8. The existing tax exemptions for Aboriginal people should be phased out. (Yes/No)
Voters were also told that, for each principle, a Yes vote would compel the provincial government to adopt the principle in treaty negotiations, while a
No vote would mean that the government was not bound to adopt the principle when taking part in treaty negotiations.
, and cannot be altered by provincial governments. The impact of the referendum on treaty negotiations was also unclear, since the government did not indicate what level of support for each principle would be enough to make it binding, or whether any of the principles might still be taken into account by the government even if they had been rejected by some or most voters.
The government called the referendum "an experiment in direct democracy," but the polling expert Angus Reid
called it "one of the most amateurish, one-sided attempts to gauge the public will that I have seen in my professional career." Critics called for a boycott
of the referendum and First Nations groups collected as many ballots as possible so that they might be destroyed publicly. The boycott was backed by the Anglican
Anglican Church
, the United Church
, the Presbytery of New Westminster, the Canadian Jewish Congress
, the Canadian Muslim Federation, the BC Federation of Labour
, the Council of Senior Citizens and the David Suzuki Foundation
.
Only about one third of the ballots were returned to the government by the deadline of May 15. Over 80 per cent of those ballots indicated agreement with all eight principles.
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on First Nations
First Nations
First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...
treaty rights in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
.
In the spring of 2002 the Premier
Premier (Canada)
In Canada, a premier is the head of government of a province or territory. There are currently ten provincial premiers and three territorial premiers in Canada....
Gordon Campbell and the British Columbia Liberal Party
British Columbia Liberal Party
The British Columbia Liberal Party is the governing political party in British Columbia, Canada. First elected for government in 1916, the party went into decline after 1952, with its rump caucus merging with the Social Credit Party for the 1975 election...
government sent out ballots to registered voters in the province. The referendum proposed eight principles that voters were asked to either support or oppose:
Questions posed
1. Private property should not be expropriated for treaty settlements. (Yes/No)2. The terms and conditions of leases and licences should be respected; fair compensation for unavoidable disruption of commercial interests should be ensured. (Yes/No)
3. Hunting, fishing and recreational opportunities on Crown land should be ensured for all British Columbians. (Yes/No)
4. Parks and protected areas should be maintained for the use and benefit of all British Columbians. (Yes/No)
5. Province-wide standards of resource management and environmental protection should continue to apply. (Yes/No)
6. Aboriginal self-government should have the characteristics of local government, with powers delegated from Canada and British Columbia. (Yes/No)
7. Treaties should include mechanisms for harmonizing land use planning between Aboriginal governments and neighbouring local governments. (Yes/No)
8. The existing tax exemptions for Aboriginal people should be phased out. (Yes/No)
Voters were also told that, for each principle, a Yes vote would compel the provincial government to adopt the principle in treaty negotiations, while a
No vote would mean that the government was not bound to adopt the principle when taking part in treaty negotiations.
Outcome
Critics claimed that the phrasing of the referendum ballot was flawed. For example, the first principle, being phrased in the negative, may have confused some voters about which answer meant support. The fourth was written in such a positive way that a Yes response was virtually guaranteed. The eighth may have been misleading, since the tax-exemption for Status Indians is guaranteed by the Canadian Charter of Rights and FreedomsCanadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, and cannot be altered by provincial governments. The impact of the referendum on treaty negotiations was also unclear, since the government did not indicate what level of support for each principle would be enough to make it binding, or whether any of the principles might still be taken into account by the government even if they had been rejected by some or most voters.
The government called the referendum "an experiment in direct democracy," but the polling expert Angus Reid
Angus Reid
Angus Reid is an offensive lineman for the BC Lions of the Canadian Football League. Reid went to Simon Fraser University and played for the Simon Fraser Clan. He began his career with the Montreal Alouettes but was traded, along with a 5th round draft pick, to BC for Adriano Belli...
called it "one of the most amateurish, one-sided attempts to gauge the public will that I have seen in my professional career." Critics called for a boycott
Boycott
A boycott is an act of voluntarily abstaining from using, buying, or dealing with a person, organization, or country as an expression of protest, usually for political reasons...
of the referendum and First Nations groups collected as many ballots as possible so that they might be destroyed publicly. The boycott was backed by the Anglican
Anglican Church
Anglican Church of Canada
The Anglican Church of Canada is the Province of the Anglican Communion in Canada. The official French name is l'Église Anglicane du Canada. The ACC is the third largest church in Canada after the Roman Catholic Church and the United Church of Canada, consisting of 800,000 registered members...
, the United Church
United Church of Canada
The United Church of Canada is a Protestant Christian denomination in Canada. It is the largest Protestant church and, after the Roman Catholic Church, the second-largest Christian church in Canada...
, the Presbytery of New Westminster, the Canadian Jewish Congress
Canadian Jewish Congress
The Canadian Jewish Congress was one of the main lobby groups for the Jewish community in the country, although it often competed with the more conservative B'nai Brith Canada in that regard. At its dissolution, the president of the CJC was Mark Freiman. Its past co-presidents were Sylvain Abitbol...
, the Canadian Muslim Federation, the BC Federation of Labour
British Columbia Federation of Labour
British Columbia Federation of Labour is the voice of the Labour movement in British Columbia, Canada.Founded in 1910 and now having over 470,000 individual members and 1100 locals or union sections, the BC Federation of Labour is the provincial Canadian Labour Congress affiliate and the umbrella...
, the Council of Senior Citizens and the David Suzuki Foundation
David Suzuki Foundation
The David Suzuki Foundation is an environmental organization based in Vancouver, British Columbia, Canada It is a non-profit organization that is incorporated in both Canada and the United States, and is funded by over 40,000 donors...
.
Only about one third of the ballots were returned to the government by the deadline of May 15. Over 80 per cent of those ballots indicated agreement with all eight principles.