ʔaq̓am First Nation leadership says it is “dismayed” with a recent decision by the B.C. government to suspend a process that proposed amendments to B.C.’s Land Act.
The proposed amendments were intended to align language in the Land Act with the Declaration on the Rights of Indigenous Peoples Act (DRIPA), which unanimously passed by B.C. legislature in 2019.
However, Nathan Cullen, the Minister of Water, Land and Resource Stewardship, recently announced the government is not proceeding with the proposed changes.
“We are dismayed that these straightforward updates to the act were misrepresented by some people to such an extent that Minister Cullen has opted to pause the process,” said Nasuʔkin (Chief) Joe Pierre of ʔaq̓am.
According to the provincial government, sections of DRIPA enabled the province to enter into agreements with Indigenous governments, which can given them a formal role in decision making, and modify how a decision is made under another Act.
However, the legislation did not give legal effect to those modifications to decision making powers.
The Province touted the decision making agreements as a way to bring stability with First Nation partners, improve predictability and transparency and potentially improve competitive and economic opportunities.
The agreements “do not provide a veto” and require due process, as anyone affected by joint or consent based agreements can seek review of the decision by the courts.
“The amendments would make way for better shared decision making,” Nasuʔkin Pierre said. “They would create space in the law to implement agreements that would be negotiated in accordance with the process and requirements of Section 7 of the Declaration Act. That’s it.”
Cullen’s statement putting the proposed changes on hold noted that “the claims being made about the proposed legislation by some were not true” and that more time is needed to engage with people to “demonstrate the real benefits of shared decision-making.”
“Some figures have gone to extremes to knowingly mislead the public about what the proposed legislation would do,” said Cullen. “They have sought to divide communities and spread hurt and distrust. They wish to cling to an approach that leads only to the division, court battles and uncertainty that have held us back.”
Nasuʔkin Pierre said ʔaq̓am leadership hopes the province will address “disinformation” surrounding the purpose of the proposed amendments and resume public engagement.
“ʔaq̓am leadership supports a transparent engagement process around important issues,” Nasukin Pierre said. “Such an engagement process was happening, but it was derailed. We are cautiously hopeful that the pause announced is in order to more fully engage and educate the public so that the disinformation is not leading the discourse.”
The proposed amendments are also supported by the First Nations Leadership Council, which is comprised of the political executives of the BC Assembly of First Nations, First Nations Summit and the Union of BC Indian Chiefs.
Tom Shypitka, MLA for Kootenay East with BC United, took issue with the way in which provincial government rolled out the public consultation process while acknowledging the polarized reaction the proposed changes drew from various stakeholders.
Shypitka noted the importance of partnerships with First Nations, and the principles of free, prior and informed consent, and duty to consult, which are “emblazoned in our Constitution and in case law,” in a recent interview with the Townsman.
“We’re not trying to get away from any of that stuff; as a matter of fact, we encourage it, we want this to happen,” Shypitka said. “However, when you’re making decisions on public lands and the government has a mandate to look after the public interest, you need to have public consultation. That’s all we’re saying.”
In a statement, John Rustad, the leader of the BC Conservative Party said he does not support the NDP’s proposed amendments, calling it an “assault” on private property rights.
Rustad’s statement also committed to repealing DRIPA, while also addressing the issue of returning land to First Nations through economic reconciliation.