Kajlich, Helena --- "The British Columbia Treaty Referendum: An Appropriate Democratic Exercise?" [2002] IndigLawB 33; (2002) 5(17) Indigenous Law Bulletin 11
[1] The author would like to thank Peter Jull who has been an inspired teacher and friend. He has encouraged researching the processes of reconciliation outside of the Australian context, broadening my understanding of what is possible in Australia. I would also like to thank him for reading drafts of this article and taking the time to give thoughtful advice.
[2] Paul Tennant, Aboriginal peoples and politics: The Indian land question in British Columbia, 1849-1989 (1990).
[3] These questions are included as an appendix.
[4] The BC Ministry of Attorney General Treaty Negotiations Office website has useful government information at: www.gov.bc.ca/tno/. For discussion papers by Aboriginal peoples and links to Aboriginal organisations and their supporters visit the Referendum Action Network website at: www.treatyinjustice.org.
[5] Treaty Negotiations Office, Government Honours Referendum Commitment, Press Release, 16 May 2002, <www.gov.bc.ca/tno/news/2002/government_honours_referendum_commitment.htm>.
[6] Elections BC reported that as of May 15, the closing date for the referendum, only 724,000 referendum ballots had been returned representing about a third of eligible voters in BC.
[7] Union of British Columbia Indian Chiefs, Referendum questions seek mandate to perpetuate same outdated colonial relationship, 13 March 2002, <www.unbcic.bc.ca/docs/UBCICPress_referendum_031302.pdf.>.
[9] Campbell v AG BC (2000) BCSC 1123, 1127.
[10] Ibid.
[11] Thomas Berger, a lawyer for the Nisga’a Nation, argues this in his article that outlines the details of the Campbell decision and the BC referendum. He has rejected the referendum as an illegitimate process, undermining the rule of law and urged people not to participate. See: Thomas Berger, ‘Why I won’t be voting’ Vancouver Sun, 15 April 2002.
[12] Royal Commission on Aboriginal Peoples, Restructuring The Relationship, 2(1) (1996) 175-176.
[13] Delgamuukw v British Columbia [1998] 1 CNLR 65.
[14] Constitution Act 1867 ss 109, 91(24).
[15] Louise Mandell, ‘Recommended Legal Ballot: A Legal Analysis’ (Unpublished paper, Mandell Pinner Barristers & Solicitors, 2001) 19.
[16] British Columbia Treaty Commission, Looking Back, Looking Forward: A Review of the BC Treaty Process (2001) 8.
[17] Supra note 13 at 80.
[19] R v Sparrow [1990] 1 SCR 1075.
[21] Patrick Macklem, ‘The Probable Impact and Legal Effect of the Proposed Treaty Referendum’ (2001) 59 The Advocate 895.
[22] See question 8 in the appendix.
[23] See http://www.legis.gov.bc.ca/CMT/37thparl/2nd-session/aaf/hansard/a11018a.htm.