Rumour: It would be better for us to pursue a deal in court.
Our Chiefs weighed all options before going through with this, and negotiating with BC Hydro was the best option. Some members think the proposed settlement is pocket change compared to what they might get in a court action lawsuit, but the fact is that this agreement is one of the largest settlements in Canadian history that DOES NOT involve giving up title and rights to our land.
We investigated a lawsuit, and whether or not it would be more appropriate than negotiating, but discovered that court action was not ideal to reach a fair settlement. First, it would've been extremely expensive for our nation to go to court. Second, the courts have upheld First Nations title and rights, but have told everyone that settlements need to be meaningfully negotiated. Courts have sent parties back to the negotiating table.
While the courts would have agreed that we had a claim, they would've never agreed to an appropriate amount for settlement. They would've reached a decision, but not a dollar amount.
When it came to this agreement, all avenues of action were seriously considered before making the decision to move forward with negotiations. The nation looked at the issues with BC Hydro from 5 perspectives: political action, legal action, negotiations, direct action, and the spirit of the people (unity).
In this agreement we have achieved:
- Zero negotiating debt, with no debts to repay.
- A landmark settlement compensating us for impacts from existing Hydro facilities, without us giving up our title and rights.
- An agreement to benefit the environment and the salmon.
- A living relationship agreement that gives us a say in all future Hydro plans in our territories plus direct award contracts, and education and job opportunities.
Bottom Line: Our Chiefs negotiated a historic agreement that would not be possible through court action. The agreement includes much more than money, such as big changes to benefit salmon and a relationship agreement that gives us a say in all future BC Hydro plans in our territory.
Be sure to check out the other "Word on the Street" posts:
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Will the chief get a bonus on a ‘Yes’ vote?
http://tinyurl.com/word-on-street1 -
Will the communities have a say in the Trust?
http://tinyurl.com/word-on-street2 -
Will members off-reserve benefit from this agreement?
http://tinyurl.com/word-on-street3 -
Are we surrendering title and rights to our land?
http://tinyurl.com/word-on-street4 -
Can we reach a better deal in the courts?
http://tinyurl.com/word-on-street5