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K’ómoks First Nation ratifies treaty, next steps with provincial and federal governments

The treaty ratification vote that concluded on Saturday night saw 81 per cent of votes in favour of ratification.
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From left, chief federal negotiator Doug Waddell, K’omoks chief negotiator Mark Stevenson and СÀ¶ÊÓƵ chief negotiator Heinz Dyck sign the draft K’omoks treaty agreement in July 2024, while Crown-Indigenous Relations Minister Gary Anandasangaree, K’ómoks First Nation Elder Barbara Mitchell and K’omoks treaty team member Melissa Quocksister look on. VIA GOVERNMENT OF СÀ¶ÊÓƵ

K’ómoks First Nation members have overwhelmingly voted to accept a modern treaty with the СÀ¶ÊÓƵ and federal governments that has been in the making since 1994.

The treaty ratification vote that concluded on Saturday night saw 81 per cent of votes in favour of ratification.

K’ómoks also ratified its constitution, with 83 per cent of voters in favour.

K’ómoks elected chief councillor Nicole Rempel ducked out of celebrations being held after the vote to tell the Times Colonist that said she’s glad her people can now determine their own future free from a “racist and patriarchal” Indian Act.

“I’m really excited for K’ómoks to be able to determine who our people are,” she said shortly after vote count was concluded, before official numbers were released by the nation.

Rempel said she’s a bit intimidated at the amount of work ahead for the nation, but she’s glad to receive a strong mandate from its members.

Out of 218 votes cast for treaty ratification, 181 were in favour while 40 were against. There were two spoiled ballots.

Eighty-four people had cast their vote through advance or telephone voting by Thursday.

The nation said voter turnout was 91 per cent out of its 239 enrolled voters.

A total of 264 voters were eligible to vote in the treaty ratification, according to an official voters list on the K’ómoks nation website as of Thursday.

No one with K’ómoks was immediately available for comment on the discrepancy.

The wide-ranging 308-page treaty, with 584 pages of appendices, would give K’ómoks all the powers of a local government, as well as jurisdiction for some services that previously came under the purview of the province.

For example, the treaty gives K’ómoks power to establish its own degree-granting post-secondary institutions as well the ability establish its own police force.

A tax exemption, similar to the one First Nations members have within the Indian Act, is also present in the treaty.

Rempel said that exemption was established through “a lot of hard negotiations.”

The agreement would see 3,460 hectares of land become K’ómoks treaty land, with options for the nation to purchase an additional 1,592 hectares of land currently designated as woodlots from the province in the future.

Sandy Island, Seal Islets, Wildwood Forest, Wood Mountain and Williams Beach lands set to be transferred will remain publicly accessible.

Ahead of the vote, Comox Valley Regional District chair Will Cole-Hamilton issued a statement on Thursday on behalf of the district and mayors of Courtenay, Comox and Cumberland that said local governments are in support of all the work that has been done for K’ómoks to arrive at this historic moment.

“We stand ready to engage collaboratively with K’ómoks, respecting the varied perspectives of its members, and we commit to being a supportive partner, no matter the path chosen,” Cole-Hamilton said.

While Canada has signed 26 modern treaties with Indigenous groups across the country since 1975, only one has been successfully negotiated on Vancouver Island.

The Maa-nulth First Nations Final Agreement between Canada, СÀ¶ÊÓƵ and the Huu-ay-aht, Ka:’yu:’k’t’h’/Che:k’tles7et’h’ (Kyuoquot/Checkleset), Toquaht, Uchucklesaht and YuuÅ‚uÊ”iÅ‚Ê”atḥ (Ucluelet) nations came into effect in 2011.

Now that K’ómoks has approved of the treaty, it must be ratified by provincial and federal governments before it can take effect.

The process is expected to take three years, with the treaty coming into effect in 2028 at the earliest.

The treaty, if implemented, has to be renewed in the next 10 years.

When the treaty comes into effect, the federal government has agreed to make a cash transfer of $56.5 million to the nation, $5,936,136 of which can be paid out in advance after a successful treaty ratification vote.

СÀ¶ÊÓƵ has committed to $14,205,380 in economic-development funding when the treaty is implemented, in addition to the $5,794,620 that was given to K’ómoks in 2023 to advance the nation’s forestry interests.

Both cash transfers amounts from СÀ¶ÊÓƵ and Canada will be adjusted for inflation when the treaty takes effect.

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