FLETCHER: BC’s indigenous rights tangle keeps getting worse

Tom Fletcher has covered BC politics and business as a journalist since 1984.VICTORIA – It appeared to be a timely bit of good news in BC’s glacial 35-year modern treaty talks, when David Eby’s NDP government introduced two new treaties for provincial approval in April, with a third expected to follow shortly.That moment of apparent progress came as Eby was forced into a series of humiliating back-downs on his efforts to rein in the UN Declaration on the Rights of Indigenous Peoples and its threat to upset the legal basis of British Columbia’s existence. The political leadership of BC’s 203 indigenous communities simply vetoed Eby’s proposed changes and deferrals, raising the question of whether the province has lost its authority to govern.Treaties hammered out over decades with the K’omoks First Nation on Vancouver Island and the Kitselas First Nation on the northwest coast were tabled in the BC legislature for ratification, with a third treaty for the Kitsumkalem First Nation in the northwest expected to follow. The protests began even before they were introduced.The latest objection comes from the Haisla Nation, one of BC’s most progressive and industry-friendly communities with a reserve near Kitimat. Haisla is the primary owner of Cedar LNG, a floating liquefied natural gas export facility that has secured a gas supply, environmental permits, and approval to proceed with engineering and construction. Previously led by former MLA and now MP Ellis Ross, Haisla is the model of economic reconciliation sought by both Eby and Prime Minister Mark Carney.In a statement issued April 28, Haisla’s leadership joined others in the region to call for the provincial vote on the Kitselas treaty to be suspended until multiple overlaps of traditional territory can be sorted out..“The Crown’s current approach allows for the effective transfer and recognition of lands within overlapping territories, without achieving meaningful resolution between affected Nations,” the Haisla letter states. “This approach disregards the reality of overlapping and shared territories, fails to secure free, prior, and informed consent from all impacted Nations, places First Nations in conflict with one another, and advances legislation despite outstanding disputes and opposition.”A similar chorus of criticism emerged regarding the Kitselas treaty and also the K’omoks treaty on Vancouver Island. A delegation of 11 chiefs on the northern coast and the island arrived at the legislature the same day as the Haisla statement, and their demands were more blunt.Pause debate on the two treaties for 180 days, or we’ll sue. And that’s not all.Chief Chris Roberts of the Wei Wai Kum First Nation at Campbell River told reporters that 80% of the land granted in the K’omoks treaty is also claimed by four neighbouring groups. And he made it clear that court action wouldn’t be the only result..“People need to remember what we have in our territory,” Roberts said. “We have a BC Hydro dam that covers nearly 50% of Vancouver Island’s power needs. We have the Island Highway, which runs through our lands, our territory, and past reserves. We have an $800 million wind farm project we’re trying to advance for the benefit of all people in the north valley region and support economic growth and development.”This sounds much like the “collective resistance” vowed by the self-appointed First Nations Leadership Council, should Eby’s government try to amend the Declaration of the Rights of Indigenous Peoples Act.Last week, I described one of the three members of the First Nations Leadership Council. Another is Terry Teegee, BC regional chief of the Assembly of First Nations. After Eby had been grilled in the legislature about whether the province is now “co-governed” by its 200-plus indigenous communities, Teegee went on a Vancouver radio talk show.Unlike Eby’s evasions, Teegee was specific. Is BC co-governed now? “Yes, that’s exactly right,” he said.Tom Fletcher has covered BC politics and business as a journalist since 1984.tomfletcherbc@gmail.comX: @tomfletcherbc

FLETCHER: BC’s indigenous rights tangle keeps getting worse

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