Six-Stage Treaty Process: Addendum

Interim Measures

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The B.C. Claims Task Force Report recommended that the parties negotiate interim measures agreements before or during treaty negotiations when an interest is being affected which could undermine the process.

The Task Force clearly stated that "while interim measures agreements can be raised at any time, the parties should consider the need for them prior to concluding the Framework Agreement." It was also contemplated that issues may require the urgent attention of the parties prior to or in the early stages of negotiations. The Task Force stated that these matters should be resolved in interim measures agreements.

It is up to the parties to pursue interim measures when and where appropriate.

The Task Force contemplated a range of options for interim measures agreements. These include:

	facilitate negotiations or assist the parties to obtain an outside facilitator;
	consultation with parties affected by any proposed action;
	consent of the parties before action is taken;
	joint management processes requiring consensus of all the parties;
	restriction or moratorium on the alienation of land or resources.

It is for the parties to negotiate the appropriate option.

In its role as facilitator, the Commission has a duty to bring to the attention of the parties obstacles that threaten to block progress of treaty negotiations. In some circumstances, a failure to negotiate interim measures may have the effect of threatening progress. Where this occurs, the Commission may make a report to the parties, and if appropriate, to the Principals, outlining the issue, and may make recommendations to them about ways to resolve the problem.