Yale First Nation entered the treaty process in April 1994. On March 9, 2006, representatives from Yale First Nation, BC . and Canada signed an Agreement–in-Principle, and the Final Agreement was initialled on February 5, 2010. Treaty negotiations with the Yale First Nation concluded when Canada, BC and Yale initialled the final agreement. Yale First Nations members approved the agreement in March 2011. The legislation, entitled Bill 11 – 2011: Yale First Nations Final Agreement Act , was introduced in the provincial legislature on May 18, 2011, and passed on June 2, 2011. Canada, BC and the Yale First Nation signed the Final Agreement on April 11th, 2013. The signing of this Final Agreement by Canada, the Province of BC and Yale First Nation allows the federal government to formally proceed with introducing legislation to ratify the Agreement in Parliament. A Final Agreement will bring certainty with respect to Yale First Nation's Aboriginal rights including title, and resources, and will provide economic benefits to the First Nation and the Fraser Canyon region. Yale First Nation's traditional territory and 217 hectares of reserve land is located within the Fraser Valley Regional District (FVRD) north of Hope.
The Final Agreement provides Yale First Nation with a capital transfer of $10.7 million on effective date, less any outstanding negotiation loans, and economic development funding of $2.2 million. Programs and services related to social development, education, local programs and services, physical works, and a community development officer will be supported by approximately $700,000 in on going annual funding including British Columbia's annual contribution of $125,000. A combination of $1.4 million in one-time funding and approximately $600,000 in ongoing annual funding will be provided to support incremental implementation and governance activities such as lands and resource management, governance and treaty management, fisheries management, culture and heritage management, and migratory birds management. Yale First Nation will contribute to the funding of agreed-upon programs and services from its own sources of revenue.
With respect to provincial laws, Yale First Nation Land (informally referred to as Treaty Settlement Land) will be treated as private land. Under the treaty, Yale First Nation will own in fee simple approximately 1,966 hectares of treaty lands made up of 217 hectares of Yale's former Indian reserves and 1,749 hectares of Crown lands. The Final Agreement will include ownership of sub-surface resources on or under Yale First Nation Land. Approximately 21 hectares of the provincial Crown land to be transferred to the Yale First Nation as Treaty Settlement Lands are currently designated as part of the Agricultural Land Reserve; this designation will not change.
Under the treaty, Yale First Nation will have the right to harvest fish and aquatic plants for food, social and ceremonial (FSC) purposes. This right will be exercised within defined geographic areas as described in the Final Agreement.The Final Agreement provides for Yale First Nation treaty allocations of sockeye, pink, coho, chinook and chum salmon for FSC purposes. The Harvest Agreement, separate from the Final Agreement, will provide for commercial fishing licences to be issued by the Department of Fisheries and Oceans Canada to Yale First Nation. The federal and provincial governments retain authority to manage and conserve fish, aquatic plants and fish habitat, according to their respective jurisdictions. The terms and conditions of commercial licences issued to Yale First Nation will be comparable to those for licences issued to other commercial harvesters.
With some exceptions, public access to, occupation of, and trespass on Yale First Nation Land becomes subject to the same rights, obligations and limitations as other private lands. Yale First Nation will allow reasonable public access to all lands for temporary recreational uses and temporary non-commercial purposes. This will include reasonable opportunities for the public to hunt and fish, as well as First Nations' traditional purposes.
Under the Final Agreement, Yale First Nation will have the right to harvest wildlife and migratory birds and to gather plants for their own use. Yale First Nation will have law-making authority to regulate its members' harvest of wildlife and migratory birds. Overall management of these activities remains the responsibility of the provincial or federal Minister. Within the terms set out in the Final Agreement, Yale First Nation members do not need to have federal or provincial licences, or to pay any fees or royalties, to harvest wildlife, migratory birds or plants.
The treaty ensures that Yale First Nation has the right to continue practicing its culture, including use of its language and the development of laws to preserve and promote its culture. This includes the conservation, protection and design and management of heritage sites, as well as the ability to make similar laws respecting Yale First Nation artifacts owned by Yale First Nation.
Yale First Nation will own all forest resources on Yale First Nation Land. As a treaty First Nation, the Yale Government may make laws respecting forest resources and practices on their land.
In addition to improving the quality of life for Aboriginal people, treaties stimulate investment, create jobs and expand economic opportunities throughout the province.