B.C. Premier John Horgan and Cheryl Casimer of the B.C. First Nations Summit executive take part in the sixth annual conference of B.C. cabinet ministers and Indigenous leaders, Vancouver, Nov. 5, 2019. (B.C. government)

B.C. Premier John Horgan and Cheryl Casimer of the B.C. First Nations Summit executive take part in the sixth annual conference of B.C. cabinet ministers and Indigenous leaders, Vancouver, Nov. 5, 2019. (B.C. government)

B.C. debate becomes bitter over impact of UN Indigenous rights law

Premier John Horgan cites salmon farm closures as model, opposition points to LNG, contracts

Once the B.C. government’s meetings with Indigenous leaders are over, the details of North America’s first embrace of the United Nations Indigenous land rights law still have to be hammered out in the legislature by the end of November.

In his opening speech at the annual “all chiefs” meeting with Indigenous leaders Nov. 5, Premier John Horgan pointed the province’s agreement to shut down salmon farms in the Broughton Archipelago as a model for implementing the UN Declaration of the Rights of Indigenous People (UNDRIP) in B.C.

“Five farms closed already, five more farms closing in the future, and the last seven farms to be there subject to relationships between Indigenous peoples and industry,” Horgan told hundreds of Indigenous leaders gathered in Vancouver. “That is what reconciliation is about. That is what free, prior and informed consent is about. If you want to do business in British Columbia, come and talk to the owners of the land, come and talk to those who have inherent rights, and we will find a way forward.”

RELATED: Trudeau vows to end B.C. open-pen salmon farming

RELATED: New power line needed for LNG Canada megaproject

B.C.’s legislation is the first attempt in North America to formally impose UNDRIP on an existing jurisdiction. In opening debate on Bill 41 in the B.C. legislature, Indigenous Relations Minister Scott Fraser said adoption of the framework bill is only the beginning.

“This legislation is enabling, so we won’t see the world change overnight once it is passed,” Fraser said, adding that “the business community is ahead of government on this.” Addressing the most contentious part of the legislation, he said there are “countless experts” who have concluded that the UN declaration of “free, prior and informed consent” is is not a veto over land use and resource projects.

“For example, James Anaya, the former special rapporteur for the rights of Indigenous peoples, has explained that free, prior and informed consent — that standard — is meant to ensure that all parties work together in good faith, that they make every effort to achieve mutually acceptable arrangements and that a focus should be on building consensus,” Fraser said. “This is quite different than veto.”

Nechako Lakes MLA John Rustad recalled his time as Indigenous relations minister, starting in 2013. The B.C. Liberal government had 18 non-treaty agreements, later called reconciliation agreements, sharing forest and other land resources, and then-premier Christy Clark gave him a mandate to sign 10 more.

“Well, I’m pretty proud of the fact that by the time 2017 came around and I was in there for just over four years, we had signed 435 of those agreements, over and above what was done before,” Rustad told the legislature.

On the contested issue of what defines “consent,” Rustad described the issue of overlapping territories in his own northwest B.C. constituency, involving the Yekooche First Nation.

“Yekooche came out of one of the other nations and has kind of been settled in the middle of a number of nations,” Rustad said. “Well, they have overlaps in every direction. As a matter of fact, the Nadleh Whut’en want to be able to sign the pipeline benefits agreement and be able to advance their work with the Coastal Gaslink. They’re waiting for government to help resolve an overlap issue they have with Yekooche.”

Saanich North and the Islands MLA Adam Olsen, a member of the Tsartlip First Nation and one of three B.C. Green Party MLAs, recounted colonial injustices he wants ended, and was combative about critics of UNDRIP.

“Some voices in this House would have us believe the UNDRIP is imposed on us by the United Nations,” Olsen said. “They undermine it. They’re ignorant of it. I believe it’s intentional.”

Olsen was also defiant about energy projects, including the Trans Mountain oil expansion project and the Coastal Gaslink pipeline for LNG exports that is supported by the NDP and B.C. Liberals, and opposed by the Greens.

“It is clearly time for us to move beyond the resource colony mentality, the desperate attempt to liquidate the resources from these lands and waters that were enabled by the convenient doctrine of discovery and terra nullis for the benefit of multinational corporations, starting with the Hudson’s Bay Company,” Olsen told the legislature.

Skeena B.C. Liberal MLA Ellis Ross, a former elected councillor and chief of the Haisla Nation at Kitimat, is hopeful but skeptical about UNDRIP. Ross described his 15 years on Haisla council, dealing with the B.C. treaty process and other government commitments, with no change in poverty conditions on his reserve.

“I went to Ottawa. I came to Victoria, to lobby the government for programs and money,” Ross told the legislature. “When I realized that all I’m doing is asking for more dependency, I refused to go on any more lobbying trips for more money.”

Ross said his years of work towards the Kitimat liquefied natural gas export facility have produced jobs and tangible economic benefits.

Ross said the “free, prior and informed consent” in UNDRIP already exists in case law.

“It has already been in practice for many, many years,” Ross told the legislature. “That’s why we have LNG. That’s why we have peace in the woods.”


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislature

Just Posted

(Facebook/Kelowna Cabs)
Kelowna Cabs reaches tentative agreement with dispatchers union

The tentative agreement could help end the dispute between the taxi company and the dispatchers

sdaf
Lake Country home destroyed in large blaze, 11 dogs rescued

Fire crews are responding to 10839 Hallam Drive

Festivals Kelowna president Richard Groves and executive director Renata Mills wrap themselves in the flag during the announcement of preparations for the 2018 Canada Day festival. (Alistair Waters/Capital News)
Festivals Kelowna cancels Canada Day celebrations for second year in a row

The group cited logistic issues in their announcement

Central Okanagan Public Schools is assisting with the distribution of a donation of $500 to every Grade 12 graduating student in the school district. (File photo)
Central Okanagan Grade 12 grads get $500 surprise

Anonymous donor gifts $500 to every Grade 12 student

A vehicle was fully engulfed in flames before around 11:10 p.m. Wednesday, June 16, 2021. (Kerry Hutter - contributed)
UPDATE: Kelowna man cuffed after carjacking in Vernon

Crime spree: Man robs couple at Coldstream lookout at gunpoint, sets a vehicle ablaze

Bear wanders Kelowna on June 15. (Michelle Wallace/Facebook)
Bear climbs fence, uses crosswalk in Kelowna

The bear was spotted on Baron Road Wednesday evening

Jeanette Megens
KCR: Volunteering is sharing your story

Kelowna Community Resources shares stories of its volunteers in a weekly column

This photo of the small wildfire burning above Naramata was taken at 8 p.m. on Thursday, June 17, 2021 (Monique Tamminga Western News)
BC Wildfire on scene of small wildfire above Naramata

Smoke has been showing since earlier in the day

Students in the Grade 10 entrepreneurship program at Summerland Unisus School have completed a cookbook with international recipes. (Contributed)
Summerland students create virtual international cookbook

Entrepreneurship program at Summerland Unisus School uses virtual cookbook as fundraiser

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Hundreds of people, young and old, joined the three-day Walking Our Spirits Home procession, honouring residential school survivors, those who never made it home and all those affected by the institutions. Here people walk the third portion on June 13. (Martha Wickett - Salmon Arm Observer)
Walking Our Spirits Home from Kamloops provides path to healing

First Nations in and beyond Secwépemc territory join in to honour residential school survivors

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

201 First Street West 1980s. Prior revitalization. (Photo from Revelstoke Museum and Archives)
Man who redesigned downtown Revelstoke honoured with lifetime achievement award

Robert Inwood has worked on historical projects across the province

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

Most Read