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B.C.’s plan to ‘reconcile’ by giving First Nations a veto on land use

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From the MacDonald Laurier Institute

By Bruce Pardy

UNDRIP-inspired land law reforms are poised to turn province into an untenable host for mining, forestry and much more.

We live in strange times. A new generation of political leaders seems determined to cripple their own societies. Prime Minister Justin Trudeau, of course, comes to mind. But in Canada, he is not alone. In British Columbia, NDP Premier David Eby is preparing to bring his province to its knees.

The B.C. government plans to share management of Crown land with First Nations. The scheme will apply not to limited sections of public land here and there, but across the province. The government quietly opened public consultations on the proposal last week. According to the scant materials, the government will amend the B.C. Land Act to incorporate agreements with Indigenous governing bodies.

These agreements will empower B.C.’s hundreds of First Nations to make joint decisions with the minister responsible for the Land Act, the main law under which the provincial government grants leases, licences, permits and rights-of-way over Crown land. That means that First Nations will have a veto over how most of B.C. is used. Joint management can be expected to apply to mining, hydro projects, farming, forestry, docks and communication towers, just to start. Activities at the heart of B.C.’s economy will be at risk.

In 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP). UNDRIP states, among other things, that Indigenous people own the land and resources of the countries in which they live. They have “the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired … to own, use, develop and control.”

At the time, Canada sensibly voted “no,” along with the United States, Australia and New Zealand. Eleven countries abstained. In 2016, Trudeau’s government reversed Canada’s objection.

As a General Assembly declaration, UNDRIP is not binding in international law nor enforceable in domestic courts. But in 2019, under the leadership of Eby’s predecessor John Horgan, the B.C. legislature passed Bill 41, the Declaration on the Rights of Indigenous Peoples Act. The act requires the government of B.C. to “take all measures necessary to ensure the laws of British Columbia are consistent with the Declaration.” Eby’s joint management plan is the next step in this project.

Long before UNDRIP, the Supreme Court of Canada created a constitutional “duty to consult” with Aboriginal peoples. The court said that the “honour of the Crown” governs the relationship between the government and Aboriginal people. The Crown’s fiduciary duties include a duty to consult whenever proposed action may adversely affect established or asserted Aboriginal rights under Section 35 of the Constitution. This duty is notoriously uncertain, onerous and time-consuming. It has become an albatross around the neck of the Canadian resource industry. The courts seem unable to specify what the duty to consult requires, except after the fact.

Now, the B.C. government aims to make things even more unpredictable. Whatever the contours of the right to be consulted, the Supreme Court at least has been clear that it does not constitute a veto. Eby will create one.

Shortly before the B.C. legislature passed Bill 41 in November 2019, the Continuing Legal Education Society of British Columbia sponsored an Aboriginal Law Conference featuring several Indigenous proponents of the bill. They promised that the new law would render the province unrecognizable.

It will “set up a whole new norm,“ “give teeth to (UNDRIP),” and move the province away, if “not fully,” from the Westminster model of governance. The veto to be conferred on Indigenous interest groups, they said, will mean that “consent will not be given very often, if at all.”

“We’re not talking small changes; we’re talking big changes,” one speaker suggested, adding that money provided by the government so far hasn’t been enough.

“Compensation for sacred sites, for lands taken, for relocation … it’s going to be an overwhelming number of compensation claims … and so I’m hoping that the province is ready for that…. Life (in B.C.) can and will change.”

For many, it is likely to change for the worse. B.C. could become an untenable host for land-based, resource-related enterprise. Impenetrable layers of red tape would entangle applications for leases and licenses. The price for First Nations approvals could be an increasing share of royalties and kickbacks, without which consent will be refused. Both governments and First Nations will siphon an ever-larger piece of a shrinking pie.

The government’s timeline is short. Written submissions will be accepted until the end of March, and anyone giving feedback will be limited by how little information the B.C. government has offered in the consultation. Bureaucrats will begin drafting amendments to the Land Act in early February, and the government plans to introduce a bill in April or May.

If you are feeling grateful not to live in B.C., don’t count your chickens. In 2021, Parliament passed its own version of B.C.’s Bill 41, the federal United Nations Declaration on the Rights of Indigenous Peoples Act. It requires the federal government to “take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.” An action plan outlining more than 100 specific measures was released in 2023.

In a speech to the B.C. Business Council in 2016, I argued that our leaders could not do a better job of preventing Canadian business from succeeding in the global economy. I underestimated them. Their determination and ingenuity know no bounds.

Bruce Pardy is executive director of Rights Probe, professor of law at Queen’s University, and senior fellow with the Macdonald-Laurier Institute.

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Natural gas pipeline ownership spreads across 36 First Nations in B.C.

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Chief David Jimmie is president of Stonlasec8 and Chief of Squiala First Nation in B.C. He also chairs the Western Indigenous Pipeline Group. Photo courtesy Western Indigenous Pipeline Group

From the Canadian Energy Centre

Stonlasec8 agreement is Canada’s first federal Indigenous loan guarantee

The first federally backed Indigenous loan guarantee paves the way for increased prosperity for 36 First Nations communities in British Columbia.

In May, Canada Development Investment Corporation (CDEV) announced a $400 million backstop for the consortium to jointly purchase 12.5 per cent ownership of Enbridge’s Westcoast natural gas pipeline system for $712 million.

In the works for two years, the deal redefines long-standing relationships around a pipeline that has been in operation for generations.

“For 65 years, there’s never been an opportunity or a conversation about participating in an asset that’s come through the territory,” said Chief David Jimmie of the Squiala First Nation near Vancouver, B.C.

“We now have an opportunity to have our Nation’s voices heard directly when we have concerns and our partners are willing to listen.”

Jimmie chairs the Stonlasec8 Indigenous Alliance, which represents the communities buying into the Enbridge system.

The name Stonlasec8 reflects the different regions represented in the agreement, he said.

The Westcoast pipeline stretches more than 2,900 kilometres from northeast B.C. near the Alberta border to the Canada-U.S. border near Bellingham, Wash., running through the middle of the province.

Map courtesy Enbridge

It delivers up to 3.6 billion cubic feet per day of natural gas throughout B.C. and the Lower Mainland, Alberta and the U.S. Pacific Northwest.

“While we see the benefits back to communities, we are still reminded of our responsibility to the land, air and water so it is important to think of reinvestment opportunities in alternative energy sources and how we can offset the carbon footprint,” Jimmie said.

He also chairs the Western Indigenous Pipeline Group (WIPG), a coalition of First Nations communities working in partnership with Pembina Pipeline to secure an ownership stake in the newly expanded Trans Mountain pipeline system.

There is overlap between the communities in the two groups, he said.

CDEV vice-president Sébastien Labelle said provincial models such as the Alberta Indigenous Opportunities Corporation (AIOC) and Ontario’s Indigenous Opportunities Financing Program helped bring the federal government’s version of the loan guarantee to life.

“It’s not a new idea. Alberta started it before us, and Ontario,” Labelle said.

“We hired some of the same advisors AIOC hired because we want to make sure we are aligned with the market. We didn’t want to start something completely new.”

Broadly, Jimmie said the Stonlasec8 agreement will provide sustained funding for investments like housing, infrastructure, environmental stewardship and cultural preservation. But it’s up to the individual communities how to spend the ongoing proceeds.

The long-term cash injections from owning equity stakes of major projects can provide benefits that traditional funding agreements with the federal government do not, he said.

Labelle said the goal is to ensure Indigenous communities benefit from projects on their traditional territories.

“There’s a lot of intangible, indirect things that I think are hugely important from an economic perspective,” he said.

“You are improving the relationship with pipeline companies, you are improving social license to do projects like this.”

Jimmie stressed the impact the collaborative atmosphere of the negotiations had on the success of the Stonlasec8 agreement.

“It takes true collaboration to reach a successful partnership, which doesn’t always happen. And from the Nation representation, the sophistication of the group was one of the best I’ve ever worked with.”

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Indigenous

Carney’s Throne Speech lacked moral leadership

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This article supplied by Troy Media.

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Carney’s throne speech offered pageantry, but ignored Indigenous treaty rights, MAID expansion and religious concerns

The Speech from the Throne, delivered by King Charles III on May 27 to open the latest session of Parliament under newly elected Prime Minister Mark Carney, was a confident assertion of Canada’s identity and outlined the government’s priorities for the session. However, beneath the
pageantry, it failed to address the country’s most urgent moral and constitutional responsibilities.

It also sent a coded message to U.S. President Donald Trump, subtly rebuking his repeated dismissal of Canada as a sovereign state. Trump has
previously downplayed Canada’s independence in trade talks and public statements, often treating it as economically subordinate to the U.S.

Still, a few discordant notes—most visibly from a group of First Nations chiefs in traditional headdresses—cut through the welcoming sounds that greeted the King and Queen Camilla on the streets of the capital.

The role of the Crown in Canada’s history sparked strong reactions from some Indigenous leaders who had travelled from as far as Alberta and Manitoba to voice their concerns.

“It’s time the Crown paid more than lip service to the Indigenous people of this country,” Chief Billy-Joe Tuccaro of the Mikisew Cree First Nation told me as he and his colleagues posed for photographs requested by several parade spectators. “We have been ignored and marginalized for far too long.”

He added that he and fellow chiefs from other First Nations were standing outside the Senate chamber as a symbol of their status as “outsiders,” despite being the land’s original inhabitants.

Shortly after Carney’s election, Tuccaro and Chief Sheldon Sunshine of the Sturgeon Lake Cree Nation sent him a joint letter stating: “As you
know, Canada is founded on Treaties that were sacred covenants between the Crown and our ancestors to share the lands. We are not prepared to accept any further Treaty breaches and violations.” They added that they looked forward to working with the new government as treaty partners.

Catholics, too, are being urged to remain vigilant about aspects of the government’s agenda that were either only briefly mentioned in the throne
speech or omitted altogether. On April 23, just days before Carney and the Liberals were returned to power, the Permanent Council of the Canadian Conference of Catholic Bishops issued a statement outlining what Catholics should expect from the new government.

“Our Catholic faith provides essential moral and social guidance, helping us understand and respond to the critical issues facing our country,” they wrote. “As the Church teaches, it is the duty of the faithful ‘to see that the divine law is inscribed in the life of the earthly city (Gaudium et Spes, n. 43.2).’”

The bishops expressed concern about the lack of legal protection for the unborn, the expansion of eligibility for medical assistance in dying (MAID)—which allows eligible Canadians to seek medically assisted death under specific legal conditions—and inadequate access to quality palliative care. They also reaffirmed the Church’s responsibility to walk “in justice and truth with Indigenous peoples.”

Although the speech emphasized tariffs, the removal of trade barriers and national security, it made no mention of the right to life, MAID or the charitable status of churches and church-related charities—a status the Trudeau government had considered revoking for some groups.

On Indigenous issues, the government pledged to be a reliable partner and to double the Indigenous Loan Guarantee Program from $5 billion to $10 billion. The program supports Indigenous equity participation in natural resource and infrastructure projects.

Canada deserves more than symbolic rhetoric—it needs a government that will confront its moral obligations head-on and act decisively on the challenges facing Indigenous peoples, faith communities, and the most vulnerable among us.

Susan Korah is Ottawa correspondent for The Catholic Register, a Troy Media Editorial Content Provider Partner.

Troy Media empowers Canadian community news outlets by providing independent, insightful analysis and commentary. Our mission is to support local media in helping Canadians stay informed and engaged by delivering reliable content that strengthens community connections and deepens understanding across the country.

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