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

Luke Marston works on the seawolf mask for Canucks goalie Braden Holtby. (Mike Wavrecan photo)
Stz’uminus artist Luke Marston designs new mask for Canucks goalie

The mask features artwork inspired by the Coast Salish legend of the sea wolf

Scott Saywell, Nanaimo Ladysmith Public Schools’ superintendent and CEO, has seen his contract renewed for four years, the district announced Wednesday. (SD68 YouTube screenshot)
Ladysmith school district renews superintendent’s contract for four years

‘Singing superintendent’ Scott Saywell under contract through 2024-25 school year

Emergency services were on scene at 1st Avenue and Warren Street after a skateboarder was struck by a vehicle. (Submitted photo)
Skateboarder ‘bumped’ by vehicle on 1st Avenue

Emergency services personnel say the skateboarder is uninjured

Parents Robin Ringer and Wyatt Gilmore with the No. 1 baby of 2021 in the Cowichan Valley. They have yet to decide on a name for her. (Photo by Don Bodger)
Chemainus couple excited about having the New Year’s baby for the Cowichan Valley

Recent arrivals from Fort Nelson celebrate their girl coming into the world on Jan. 7

Regional District of Nanaimo’s transit select committee is expected to vote on a recommendation that could see busing between Nanaimo and the Cowichan Valley. (News Bulletin file)
Regional District of Nanaimo staff recommending bus route to Cowichan Valley

More than 1,900 survey respondents expressed support for inter-regional transit, notes RDN report

Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the press theatre at the B.C. legislature for an update on COVID-19, Jan. 7, 2021. (B.C. government)
B.C.’s COVID-19 spread steady with 509 new cases Friday

Hospitalized and critical care cases decline, nine deaths

A still from surveillance footage showing a confrontation in the entranceway at Dolly’s Gym on Nicol Street on Friday morning. (Image submitted)
Troublemaker in Nanaimo fails at fraud attempt, slams door on business owner’s foot

VIDEO: Suspect causes pain and damage in incident downtown Friday morning

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials say country will still likely receive four million doses by the end of March

Jobs Minister Ravi Kahlon shared a handwritten note his son received on Jan. 13, 2021. (Ravi Kahlon/Twitter)
Proud dad moment: B.C. minister’s son, 10, receives handwritten note for act of kindness

North Delta MLA took to Twitter to share a letter his son received from a new kid at school

Lilly and Poppy, two cats owned by Kalmar Cat Hotel ownder Donna Goodenough, both have cerebellAr hypoplasia, a genetic neurological condition that affects their ability to control their muscles and bones. Photo by Alistair Taylor – Campbell River Mirror
VIDEO: Wobbly Cats a riot of flailing legs and paws but bundles of love and joy to their owner

Woman urges others to not fear adopting cats with disabilities

Dr. Shannon Waters, the medical health officer for the Cowichan Valley Region, is reminding people to stay the course with COVID-19 measures. (File photo)
‘Stay the course’ with COVID measures, Island Health reminds

Limit social activity, wash hands, wear a mask, and isolate if you feel sick

Cowichan Tribes members line up at a drive-up clinic on Wednesday, Jan. 13 to receive the first doses of the COVID-19 vaccine in the region. (Kevin Rothbauer/Citizen)
BCAFN condems racism against Cowichan Tribes after COVID-19 outbreak

“Any one of us could do everything right and still catch the virus”: Regional Chief Terry Teegee.

Chief public health officer Dr. Theresa Tam provides an update on the COVID-19 pandemic in Ottawa on Friday, Jan. 8, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada’s top doctor says to avoid non-essential travel as B.C. explores legal options

Premier John Horgan says he is seeking legal advice on whether it can limit interprovincial travel

Most Read