The provincial government and native leaders are quietly circulating a four-page paper outlining draft principles for legislation that would offer unprecedented "recognition" to indigenous nations here in B.C.

The goal of the proposed recognition act is to end the legal situation where B.C. natives have to commence each claim for land, resources and rights by first proving their existence as indigenous peoples occupying their traditional territories and pursuing their way of life before contact with Europeans.

The proposed bill would override all other provincial statutes, ensuring that recognition took precedence over hundreds of laws governing the disposition and management of Crown land and resources.

Supposedly, it would also entrench recognition of Crown land, tenures and private property, though how it would balance the tradeoffs remains a major point of contention.

Other provisions under discussion would offer primary recognition to overarching indigenous nations -- major linguistic and/or cultural groupings -- as opposed to smaller bands and tribal councils that now dominate treaty talks and other interactions between aboriginal peoples and the government.

The paper discusses the creation of a council of indigenous nations, which could act as a clearing house for everything from sorting out overlapping claims to overseeing regional sharing of land and resources.

The council's structure, mandate and procedures could be incorporated in the provincial Constitution Act, giving it status (if not necessarily legal authority) over other native organizations. Were that approach to prevail, it might simplify aboriginal relations.

The province has recognized some 200 separate "first nations" for purposes of treaty talks, whereas there are only 30 or so indigenous nations.

But it's not known if leaders of individual bands would agree to be subsumed by the larger entities. If not, the proposal could become another point of contention in the prickly world of native politics.

Another concern focuses on the legal significance of entrenching recognition in a single overriding piece of legislation. In the best case scenario, it could simplify native claims and expedite settlements. In the worst case, it would open the way for a new round of litigation as each existing provincial law, agency and regulatory process was challenged for failing to meet the principles of the recognition act.

Some sort of recognition act has been under discussion for more than a year. Native leaders were hoping a bill would be tabled before the house adjourned in the spring.

But Premier Gordon Campbell balked at that timetable. "It will take considerable effort in negotiation," he advised in a letter to native leaders a year ago this week. "We need to take the time to get it right [and] I believe it would be a mistake to commit to a timetable for the introduction of the legislation. If we were to do so and not meet it, we would appear to fail."

The natives kept pressing, hinting at some sort of showdown in the absence of progress. The premier took the hint and wrote back last fall, saying he would "like my government to be the first in Canada" to take the historic step of legislating formal recognition of aboriginal rights and title.

Negotiations followed. Representing the province were Aboriginal Relations Minister Mike de Jong, his deputy minister Lorne Brownsey, and deputy minister to the premier Jessica McDonald. Chiefs Ed John, Stewart Phillip and Shawn Atleo were the main native leaders in the talks.

After two dozen or so meetings to work out the principles incorporated in the discussion paper, they got far enough for the Liberals to make mention of the effort in this year's throne speech.

"This government is working with first nations to develop a recognition and reconciliation act that will establish a new statutory framework to further the implementation of the new relationship," the speech said.

"It will acknowledge and place in a provincial statutory context that indigenous people have long lived throughout B.C. and that this fact does not require proof. It will recognize constitutionally established aboriginal rights and title and will facilitate partnerships and prosperity through shared decision-making and revenue-sharing.

"The act will support the rebuilding of the historic indigenous nations of B.C. and enable the establishment of political structures for meaningful government-to-government relations."

At the same time, the government-authored speech acknowledged that "the journey we have embarked upon is not easy [and] it will involve compromise, forbearance and accountability from all of us."

For his part, the premier still declined to commit to a timetable. "If it is able to be presented this session it will be," he told reporters. "If it is beyond this session, it will be."

But if first nations endorse the principles in the discussion paper over the next few days, I gather the Liberals will try to table at least a draft version of a recognition act before the house adjourns for the election campaign.

vpalmer@direct.ca