Closing the gap : Beyond Section 35 BC symposium summary, February 19-20, 2013

Sophie Pierre, Chief Commissioner of the BCTC, described the role of the BCTC as the “Keeper of the Process,” having the role of facilitating and supporting negotiations, gently prodding the parties when needed, and not so gen- tly prodding them when necessary. [...] In order to advance community agendas it is important to bring together stakeholders to discuss the process of the transfer of authority, the creations of corresponding institutions, and the evolving nature of governance. [...] He noted that the purpose of his presentation was to identify what needs to happen to ensure we do everything we can to close the gap between the promise of Section 35 and the reality of the present state of affairs. [...] However, three of those judges maintained that Nisga’a title had been extinguished by virtue of the government's exercise of control over the lands, and three of the other judges did not believe extinguishment had occurred in this case; • The federal comprehensive land claims policy and opening of the federal Native Claims Office in response to the Calder decision; • The position of the BC Governm [...] He made the point that the inclusion of Section 35 in the Constitution was a constitutional act of recognition, which many advocated for because of the intent of the BC government to disregard the Aboriginal rights in BC.