Provincial Referendum Results: Predictable and Unhelpful

The results of the Province's Referendum on Treaty negotiation principles were released in July, 2002. To nobody's surprise, the overwhelming majority of Provincial voters either ignored or actively boycotted the process. Of those who submitted valid ballots, almost everyone voted "yes" to all of the questions.

Critics of the Referendum have noted from the outset that the questions were framed in a way that would generate a "yes" vote and thus be of little practical guidance to the Provincial Government in the Treaty negotiation process. A noted expert in polling of public opinion described the Referendum as amateurish as the questions were framed to elicit "yes" votes.

A more realistic Treaty question would have set out the potential consequences for British Columbia should the Treaty negotiation process continue to fail. The Province could have asked the electorate whether they are willing to give the Government of British Columbia the mandate to do what is necessary to resolve aboriginal land claims by negotiation and thereby avoid having resolutions imposed by the Courts through litigation. A "yes" vote to that kind of question would at least have let Victoria know that British Columbians want the government to "get on with it" and negotiate treaties.

The most controversial question of the Referendum, Question Six, was framed in a way that would likely generate a "yes" answer from those who favour, as well as those who oppose aboriginal self- government. This question asked whether the form of self-government negotiated by British Columbia should have the characteristics of local government, with powers delegated from Canada and British Columbia.

Opponents of constitutionally protected self-government would gladly vote "yes" to bolster the Province's hand in negotiations. Anyone who supports constitutionally protected aboriginal self- government would also have to vote "yes" even if they would disagree with the various qualifiers that the Province had slipped into the Referendum question. A "no" vote could have been construed as a vote against self-government generally. As a result, the "yes" vote to the controversial self- government vote is essentially meaningless.

Would British Columbians have voted "yes" to the question that asked whether First Nations should have constitutionally protected law-making authority to govern their own affairs? We will never know the answer because Victoria decided to keep the meaningful question off the ballot.

The Treaty Referendum was always a bad idea. At best, it was unhelpful. At worst, it has damaged the relationship between aboriginal Nations and the Government in Victoria. It will simply give Victoria one more thing to apologize for when, eventually, Treaties are negotiated.

The Referendum Questions

1. Private property should not be expropriated for treaty settlements.
2. The terms and conditions of leases and licenses should be respected; fair compensation for unavoidable disruption of commercial interests should be ensured.
3. Hunting, fishing and recreational opportunities on Crown land should be ensured for all British Columbians.
4. Parks and protected areas should be maintained for the use and benefit of all British Columbians.
5. Province-wide standards of resource management and environmental protection should continue to apply.
6. Aboriginal self-government should have the characteristics of local government, with powers delegated from Canada and British Columbia.
7. Treaties should include mechanisms for harmonizing land use planning between Aboriginal governments and neighbouring local governments.
8. The existing tax exemptions for Aboriginal people should be phased out.