Saanich North and the Islands MLA Adam Olsen, wearing traditional Tsartlip clothing, speaks to the introduction of Indigenous rights law in the B.C. legislature, Oct. 24, 2019. (Hansard TV)

Saanich North and the Islands MLA Adam Olsen, wearing traditional Tsartlip clothing, speaks to the introduction of Indigenous rights law in the B.C. legislature, Oct. 24, 2019. (Hansard TV)

B.C.’s Indigenous rights law faces 2020 implementation deadline

Pipeline projects carry on as B.C. works on UN goals

B.C.’s first annual report on its embrace of the United Nations Declaration on the Rights of Indigenous Peoples is being presented in the legislature next week, while debate continues over the obligations it imposes on the province.

The report, a requirement under the Declaration on the Rights of Indigenous Peoples Act approved by all parties in the B.C. legislature in November, was released July 3 and covers the first four months of its existence. It emphasizes progress such as updating B.C.’s school curriculum to include more Indigenous culture and history, and changes to child welfare laws to keep Indigenous children with their families and communities.

Its release comes a day after the Supreme Court of Canada declined to hear the latest appeal against the Trans Mountain Pipeline expansion project. Work continues on that and B.C.’s other pipeline project, the Coastal Gaslink line to deliver natural gas for export from northeast gas fields to a terminal at Kitimat.

Supported by most Indigenous communities on the pipeline route, Coastal Gaslink sparked Canada-wide protests and rail blockades immediately after Premier John Horgan’s government became the first jurisdiction in Canada to commit to implement UNDRIP. While B.C. politicians insisted its call for “free, prior and informed consent” isn’t a veto over resource projects, protesters and student supporters responded by blockading the legislature as well.

The framework law passed in November commits the B.C. government to an “action plan” to implement the UNDRIP principles in B.C. Indigenous Relations Minister Scott Fraser said the plan is still expected to be completed by the end of 2020, as the province holds a rare summer session after the disruption caused by the COVID-19 pandemic.

The B.C. Liberals ultimately supported the law, after questions about which of many UN commitments it enshrines. One is UNDRIP Article 39, which states: Indigenous people have the right to access to financial and technical assistance from states and through international cooperation, for enjoying the rights contained in this declaration.”

Fraser replied that UNDRIP “does not create a positive obligation on the part of the state, but there will be conversations about funding from the provincial government.”

Conversations so far have produced a share of B.C.’s gambling revenues and commitments to add provincial funds to the federal responsibility to build housing on reserves.

RELATED: B.C. first to endorse UN Indigenous rights in law

RELATED: B.C.’s pioneering law adds to conflict, confusion

RELATED: Indigenous rights law first job of 2020, Horgan says

Indigenous MLAs had their say as well before the framework bill passed. B.C. Green MLA Adam Olsen said Indigenous consent is key to stopping energy projects like Trans Mountain and Coastal Gaslink. B.C. Liberal MLA Ellis Ross, a former Haisla Nation chief counsellor, argued that Indigenous consent already exists in Canadian case law.

“That’s why we have LNG,” Ross told the legislature. “That’s why we have peace in the woods.”

In a year-end interview, Olsen, Saanich North and the Islands MLA and a member of the Tsartlip First Nation, said “consent” is more than consultation that has been required of federal and provincial governments.

“So while it might be a more stiff task to get consent, it is a more clear determination at the end of it,” Olsen said. “Consent is not a veto over resource development. No rights are absolute.”


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislatureIndigenous

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Houston physician Dr. Stefanie Steel receives her first dose of the Pfizer vaccine Jan. 19 from RN nurse manager Cindy Cockle. (Northern Health photo)
COVID-19 vaccinations get underway in Smithers

First doses are being administered to long-term care residents and priority health care staff

The COVID-19 outbreak at the two Coastal GasLink workforce lodges has officially been declared over. (Lakes District News file photo)
COVID-19 outbreak at Coastal GasLink worksites declared over

In total, 56 cases were associated with the outbreak in the Burns Lake and Nechako LHAs

Fentanyl was among the drugs seized by New Hazelton RCMP in a big bust in early January. (File photo)
New Hazelton RCMP arrest five, seize drugs and large amount of cash

Police find suspected heroin, fentanyl and crystal meth during early January drug bust

Smithers Local Health area reported 32 new cases of COVID-19 for the second week of January. (BC CDC graphic)
Weekly new cases of COVID-19 rise to 32 in Smithers LHA Jan. 10 – 16

Northern Health reports 35 new cases for 501 active, 44 hospitalized, 17 in critical care Wednesday

Brett Alexander Jones is wanted on several warrants province-wide, in connection with multiple charges. Jan. 21, 2021. Kitimat RCMP photo
Kitimat RCMP searching for man wanted on several warrants province-wide

Jones is described as a five-foot 10-inches Caucasian man, with blond hair and blue eyes.

Thursday, Jan. 28, 2021 is International Lego Day. (Jenna Hauck/ Chilliwack Progress)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 24 to 30

Lego Day, Talk Like a Grizzled Prospector Day and Puzzle Day are all coming up this week

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

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

The District of Saanich’s communications team decided to take part in a viral trend on Thursday and photoshopped U.S. Senator Bernie Sanders into a staff meeting photo. (District of Saanich/Twitter)
Bernie Sanders makes guest appearance municipal staff meeting in B.C.

Vancouver Island firefighters jump on viral trend of photoshopped U.S. senator

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Police in Vancouver looking for male suspect who allegedly spat and attacked a store manager for not wearing a mask, at 7-Eleven near Alma Street and West 10th Avenue just before noon on Dec. 17, 2020. (Vancouver police handout)
VIDEO: Man spits on 7-Eleven manager over mask rule, sparking Vancouver police probe

‘Unfortunately, the store manager sustained a cut to his head during the assault’

The Vancouver-based SAR team successfully rescued two lost snowshoers off of the west side of Tim Jones Peak in the early morning of Monday, Jan. 19. (North Shore Rescue photo)
B.C.’s busiest SAR team raises alarm after 2021 begins with fatality, multiple rescues

‘People beyond ski resort areas of Seymour, Grouse, and Cypress go without cell reception,’ SAR warns

Most Read