Common use of Base Case Clause in Contracts

Base Case. As of the 1996 Census, the population of the vast Central Coast Plan Area was a relatively low 4,611. None of the communities in the Plan Area are incorporated municipalities. The main population centres are in the Bella Coola valley (i.e, the Bella Coola, Hagensborg, Firvale, and Stuie areas) where about 2400 aboriginal and non-aboriginal residents reside and in Waglisla (Bella Bella) where there are about 1200 on-reserve Heiltsuk inhabitants. There were some population declines in the Plan Area in the 1960s and 1970s due in large part to the number of individuals who left Ocean Falls after the closing of its pulp mill. From 1986-96, however, the population of the Plan Area grew strongly due to a number of factors, including the in-migration of residents and a relatively high birth rate, although economic challenges since 1996 have slowed growth considerably. An estimated 2,455, or 53% of the 4,611 resident population in 1996 were members of First Nations living on-reserve in the Plan Area. There are nine First Nations with residents in the Plan Area, four in the northern portion and five in the southern portion, including the following: the Heiltsuk (▇▇▇▇▇ ▇▇▇▇▇), Kitasoo (Klemtu), Nuxalk (Bella Coola), Oweekeno (Rivers Inlet), Kwicksutaineuk (Gilford Island), Tsawataineuk (Kingcome Inlet), Kwa-Wa-Aineuk (Hopetown), Da’naxda’xw and the Tlatlasikwala (currently “repatriating” their communities at New Vancouver and Hope Island respectively).56 There are also a number of First Nations whose members now reside primarily outside, but have traditional territories within, the Plan Area. These First Nations include members of the Kwakiutl District Council (KDC), the Musgamagw-Tsawataineuk Tribal Council (MTTC), the Gitga’at (▇▇▇▇▇▇▇ Bay), the Homalco, the Tlowitsis-Mumtagila, and the Haisla. While relatively low numbers of KDC/MTTC currently live in the Plan Area, many of those residing outside, mainly on northern Vancouver Island, have a strong attachment to these lands. In some cases, First Nations (e.g., the Gwa- Sala-Nakwaxda’xa in the 1960s) were in fact relocated by the federal government from the Plan Area to Vancouver Island. Total resident and non-resident First Nations population with traditional territory in the Plan Area is reported to total over 10,000. Unemployment in the Plan Area and on north / mid-Vancouver Island, the latter being economically linked to Plan Area resources, is much higher than the provincial average. Within the Plan Area, the Bella Coola Valley has been facing particularly difficult economic circumstances and significant social stress. Indicators of crime, health, education and children at risk suggest a much lower quality of life for residents compared to the rest of the province. The Health Goals Regional Index for 1999 prepared by the Provincial Health Officer ranks the Cariboo Health region – which includes the Bella Coola Valley – as the lowest overall in the province. This region has the highest rate for potential years of life lost, low rates of post-secondary education and high rates of children and youth in care. Communities in the north and mid-Vancouver Island North areas, which have some strong socio- economic linkages to the Plan Area as noted earlier, currently face a slightly greater degree of socio- economic stress than many other areas of the province. However, these areas are generally better off from a socio-economic perspective than communities in the Bella Coola Valley. Unemployment among First Nations residents within the Plan Area is much higher than in the non- aboriginal community. The available data indicates that unemployment exceeds 50% in most of the Plan 56 The profiles provided in this section are based, in part, on information obtained from Indian and Northern Affairs Canada. Area’s First Nations communities, a situation that has been described by one First Nation as “desperate.” A survey undertaken for the Base Case report (MEI et. al., 2000) indicates that improving economic opportunities, gaining more control over land and resource management, securing greater benefits from resources which are being exported, and protecting important nature-based values (e.g., wild fisheries, hunting opportunities, botanical forest products, etc.) are the highest priorities for those First Nations involved in the LCRMP. Within the LCRMP process, First Nations have also emphasized protection of cultural resources (e.g. archaeological sites, cultural / traditional use areas).‌ Another key concern to local First Nations is the settlement of land claims. Several First Nations with interests in the Plan Area are involved in treaty negotiations with the BC and federal governments: the Heiltsuk Tribal Council, the Oweekeno Nation, the Haisla, the Gitga’at, Kitasoo, the Homalco, and the KDC. The treaty process is comprised of six stages and none of the negotiations are past the “Agreement in Principle” stage, which is the most complex and time-consuming part of the process. Treaty settlements will ultimately impact land use and the local/provincial economy in the Base Case regardless of the LCRMP). These will likely benefit the Plan Area economy and result in greater self- sufficiency for local First Nations due to financial inflows, improved investor certainty, and improved aboriginal / non-aboriginal business relationships. However, there could also be a redistribution of resource benefits from some non-aboriginals (mostly living outside the Plan Area). Treaty settlements and the 1997 Delgamuukw ruling by the Supreme Court of Canada are also likely to provide a greater role for First Nations in “on the ground” resource management (e.g., timber lands) in the Plan Area.57