Title and Rights Stewardship Department

Title & Rights Stewardship (TRS)

The Title & Rights Stewardship (TRS) department was internally designed to replace the Crowns Referral Process with an Inherent Title & Rights Decision-Making Policy to be offered to the Nicola Nlaka’pamux and Syilx participating member bands. This streamlines and organizes the Provincial, Federal and Municipal governments, and Industry permit applications for lands, water and resources. This will provide a unified process and joint decision-making outcome by the participating member bands. The goal is to receive the mandate from the rights holders to do this work to transition out of the status quo referral process.

The framework is designed to fill capacity gaps that are needed to have a codified and structured process that produces a timely, efficient, and results based Free, Prior and Informed Consent at the strategic level. The goal of the process is to address Title and Rights concerns and infringements before statutory decisions are made and create new Nlaka’pamux / Syilx (N/S) authorizations for approvals by Nicola N/S Government. The opportunity to have the decision-making policy constitutionally protected will assist enforcement by N/S Government, Rights Holders, member bands, and the courts through Section 35 of the Constitution Act. This will strengthen the commitments to reconciliation and the legal principles on consultation and accommodation. The TRS can work individually and jointly with member bands to facilitate the processes as set by an approved policy.

The scope of the TRS department is operational. The department has an operations process and a structural process. TRS Analysts are both facilitators of the process and research and develop recommendations for effective decision-making from a technical level to a governance level. This will be inclusive of rights holders, band delegates and other entities, departments, and bands. The TRS has positions for an Administrator, Manager, 5 Title & Rights Analysts, and 1 possibly 2 Title & Rights Director. The Title & Rights Director will work with N/S Government and assist on all Government-to-Government Decision-Making with provided recommendations. Each Analyst will be assigned to specific industries, ministries, and proponents. TRS framework organized applications into a level 1, 2, 3, or 4 which is based on the decision-making level required, who may be responsible / required, and what the next steps are for each level to reach Free, Prior and Informed Consent. The TRS department’s responsibility for protection of lands, water and resources include research to support leadership initiatives in governance issues that may apply to Acts, Legislation, Inherent Rights & Title, and Policies. A committed working body to provide support, enforcement, legal principles to consultation and accommodation and to share learned information on Title and Right concerns and recommendations.