And if First Nations lose faith in negotiations, we know in BC that the alternatives are litigation and confrontation. It is beyond argument that there is such a thing in Canada as aboriginal rights and title. The parties have agreed to give effect to them through treaties, as the Supreme Court of Canada has repeatedly urged. These rights cannot be denied, no matter what the result of a referendum may be. Aboriginal rights and title would still exist and would still require definition, through the courts or otherwise, on a case by case basis.
Canadian democracy means more than 'majority rules'.
It also means the protection of fundamental rights and entitlements by the rule of law. A referendum is useful for questions to which there is a Yes or No answer. The Nisga'a Treaty is a complex document running to many chapters and encompassing subject areas from adoption to fisheries and forests. Because a treaty contains so many distinct provisions, an overwhelming No vote may simply mean that each voter takes exception to only one of hundreds of provisions. Even so, it would be read as rejection of the entire agreement.