SȾÁUTW̱ First Nation asserts its inherent rights to self-government, as recognized in the Douglas Treaty (1850), Section 35 of the Canadian Constitution Act, 1982, and various articles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). These rights include managing our marine habitat and fisheries within our territory.

Key Points:

1. Inherent Rights and Self-Government: SȾÁUTW̱ First Nation has inherent rights to self-governance, which are legally recognized and protected by historical treaties and international declarations.
2. Jurisdiction over Marine Habitat: SȾÁUTW̱ First Nation has the authority to manage marine habitats and operations within our territory, based on their historical rights and affirmed by legal cases and international law.
3. Land Code and Framework Agreement: SȾÁUTW̱ First Nation’s Land Code, effective since May 29, 2007, empowers them to enact rules, procedures, and policies for managing our lands. This authority is further supported by the Framework Agreement on First Nation Land Management.
4. Marine Use Law No. 2023-01: The Council of Tsawout First Nation has enacted a new Marine Use Law to formalize our management and jurisdiction over marine use in our territory, reflecting our right to self-governance and environmental stewardship.

These points highlight SȾÁUTW̱’s commitment to exercising our rights and responsibilities over our lands and resources in accordance with our traditions, treaties, and modern legal frameworks.

Indigenous Protected and Conserved Areas (IPCAs) are territories and natural areas designated for conservation that are led and managed by Indigenous peoples. These areas reflect the Indigenous communities’ traditional knowledge, cultural practices, and legal systems. The primary aim of IPCAs is not only to safeguard the biodiversity and ecological integrity of these lands but also to maintain and enhance Indigenous ways of life and spiritual connections to the land.

IPCAs are increasingly recognized as a vital part of global conservation efforts because they contribute to the preservation of extensive areas of relatively undisturbed natural landscapes and the diverse species that inhabit them.

We, the leadership, and saltwater people of the SȾÁUTW̱ First Nation, being the holders of Douglas Treaty and Aboriginal rights and title in our unceded traditional lands, waters, and skies, do hereby declare the QEN,T Marine Protected Area (MPA), as shown in the attached map.

This Declaration is made in accordance with our inherent rights and our laws, customs, traditions, values, principles, and inherent stewardship responsibilities, including the responsibility to follow the SȾÁUTW̱ First Nation Marine Use Law.

This Declaration is made in accordance with our Douglas Treaty and Aboriginal rights, which are recognized and affirmed by section 35 of the Constitution Act, 1982 and reinforced by the United Nations Declaration on the Rights of Indigenous Peoples.

This Declaration is made in recognition of the many spiritual and cultural places, medicine and gathering places, fishing stations, village sites and burial sites within the QEN,T MPA, to which SȾÁUTW̱ First Nation has a sacred and enduring connection.

This Declaration is made to uphold our ancestral responsibilities, to prevent further infringement of our right to carry on our fisheries as formerly, to reverse cultural erosion and the trend of declining and mismanaged fisheries, and to provide sustainable and resilient fisheries for future generations.

This Declaration confirms our commitment to restoring and maintaining the ecological health and the natural resources within the MPA for sustainable cultural, traditional, and economic uses for the benefit of the Coast Salish people and the communities with whom we have ongoing, respectful, and developing relationships.