Whereas First Nations are constitutionally recognized as a level of government in Canada and British Columbia, and have the inherent right to self-government, including decision-making over their own lands, resources, and governance through the provisions outlined in United Nations Declaration on the Rights of Indigenous Peoples and provincial Declaration on the Rights of Indigenous Peoples Act; And whereas Section 90 of the Community Charter provides for the ability for confidential government to government negotiations, but does not include First Nations in this provision: Therefore be it resolved that the provincial government be called upon to amend Section 90 of the Community Charter, in consultation with First Nations and in alignment with the Declaration on the Rights of Indigenous Peoples Act, to recognize First Nation governments as a level of government, thereby recognizing and affording equitable protection for government-to-government meetings on par with other levels of government that are already listed within this act.
Ministry of Municipal Affairs Government is committed to true, lasting reconciliation with First Nations in BC by fully adopting and implementing the United Nations Declaration on the Rights of Indigenous Peoples. The province also recognizes the importance of ensuring local governments and First Nations can engage in a manner that respects the need for certain information to be held in confidence. The Ministry continues to examine this issue to understand the scope of topics and circumstances that local governments may wish to see included in a broadened authority for closed meetings with First Nations. In considering amendments to the closed meeting provisions of the Community Charter, the Ministry will need to understand the implications and to strike the right balance between the openness needed for transparency and accountability to the public and confidence that supports intergovernmental relations with First Nations. In undertaking this review, the Ministry recognizes the importance of balancing the transparency and accountability principles of the local government system with the need to support and facilitate strong relationships between local governments and First Nations in British Columbia.