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Yes, B.C.’s Land Act changes give First Nations veto over use of Crown Land

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7 minute read

From the Fraser Institute

By Bruce Pardy

Nathan Cullen says there’s no veto. Cullen, British Columbia’s Minister of Water, Land, and Resource Stewardship, plans to give First Nations joint decision-making authority over Crown land. His NDP government recently opened consultations on its proposal to amend the B.C. Land Act, under which the minister grants leases, licences, permits, rights-of-way and land sales. The amendments will give legal effect to agreements with Indigenous governing bodies. Those agreements will share decision-making power “through joint or consent models” with some or all of B.C.’s more than 200 First Nations.

Yes, First Nations will have a veto.

Cullen denies it. “There is no veto in these amendments,” he told the Nanaimo News Bulletin last week. He accused critics of fearmongering and misinformation. “My worry is that for some of the political actors here on the right, this is an element of dog-whistle politics.”

But Cullen has a problem. Any activity that requires your consent is an activity over which you have a veto. If a contract requires approval of both parties before something can happen, “no” by one means “no” for both. The same is true in other areas of law such as sexual conduct, which requires consent. If you withhold your consent, you have vetoed the activity. “Joint decision-making,” “consent,” and “veto” come out to the same thing.

Land use decisions are subject to the same logic. The B.C. government will give First Nations joint decision-making power, when and where agreements are entered into. Its own consultation materials say so. This issue has blown up in the media, and the government has hastily amended its consultation webpage to soothe discontent (“The proposed amendments to the Land Act will not lead to broad, sweeping, or automatic changes (or) provide a ‘veto.’”) Nothing to see here folks. But its documentation continues to describe “shared decision-making through joint or consent models.”

These proposals should not surprise anyone. In 2019, the B.C. legislature passed Bill 41, the Declaration of the Rights of Indigenous Peoples Act (DRIPA). It requires the government to take “all measures necessary” to make the laws of British Columbia consistent with the United Nations Declaration on the Rights of Indigenous People (UNDRIP).

UNDRIP is a declaration of the U.N. General Assembly passed in 2007. It says that Indigenous people 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.”

On its own, UNDRIP is non-binding and unenforceable. But DRIPA seeks to incorporate UNDRIP into B.C. law, obligating the government to achieve its aspirations. Mere consultation with First Nations, which Section 35 of the Constitution requires, won’t cut it under UNDRIP. Under Section 7 of DRIPA, agreements to be made with indigenous groups are to establish joint decision-making or to require consent of the Indigenous group. Either Cullen creates a First Nations veto or falls short of the goalposts in DRIPA. He is talking out of both sides of his mouth.

Some commentators warned against these dangers long ago. For example, shortly after DRIPA was passed in 2019, Vancouver lawyer Robin Junger wrote in the Vancouver Sun, “It will likely be impossible for government to live up to the expectations that Indigenous groups will now reasonably hold, without fundamentally affecting the rights and interests of third parties.” Unfortunately, few wanted to tackle that thorny question head on at the time. All three political parties in B.C. voted in favour of DRIPA, which passed unanimously.

For a taste of how Land Act changes could work, ask some B.C. residents who have private docks. In Pender Harbour, for instance, the shishalh Nation and the province have jointly developed a “Dock Management Plan” to try and impose various new and onerous rules on private property owners (including red “no go” zones and rules that will make many existing docks and boat houses non-compliant). Property owners with long-standing docks in full legal compliance will have no right to negotiate, to be consulted, or to be grandfathered. Land Act amendments may hardwire this plan into B.C. law.

Yet Cullen insists that no veto will exist since aggrieved parties can apply to a court for judicial review. “[An agreement] holds both parties—B.C. and whichever nation we enter into an agreement (with)—to the same standard of judicial review, administrative fairness, all the things that courts protect when someone is going through an application or a tendering process,” he told Business in Vancouver.

This is nonsense on stilts. By that standard, no government official has final authority under any statute. All statutory decisions are potentially subject to judicial review, including decisions of Cullen himself as the minister responsible for the Land Act. He doesn’t have a veto? Of course he does. Moreover, courts on judicial review generally defer to statutory decision-makers. And they don’t change decisions but merely send them back to be made again. The argument that First Nations won’t have a veto because their decisions can be challenged on judicial review is legal jibber jabber.

When the U.N. passed UNDRIP in 2007, people said they can’t be serious. When the B.C. legislature passed DRIPA in 2019, people said they can’t be serious. The B.C. government now proposes to give First Nations a veto over the use of Crown land. Don’t worry, they can’t be serious.

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Censorship Industrial Complex

Freedom of speech under threat on university campuses in Canada

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From the Fraser Institute

By Michael Zwaagstra and Matthew D. Mitchell

Obviously, when students feel that their grades are at risk, they will be far less likely to express their genuine opinions or even ask questions during class discussions. Not only does this make classes less interesting, it also undermines the entire purpose of a university education.

Universities should be places where all ideas are welcomed and explored. In many Canadian university classrooms, however, only the “correct” viewpoint is heard.

According to a new survey (conducted by Leger and published by the Fraser Institute) of 1,200 Canadian university students and recent graduates, politically left-of-centre students were far more likely than their right-of-centre classmates to report that their views were welcomed and encouraged in class.

For example, 83 per cent of right-leaning students believe that professors advocate a left-of-centre view—and 45 per cent of left-leaning students agree with them.

Forty-two per cent of right-leaning students say they experienced a university classroom environment that limited discussion and questions on controversial topics to only one side of the argument. In contrast, only 29 per cent of left-leaning students felt the same way.

To make matters worse, 50 per cent of right-leaning students said they sometimes felt uncomfortable expressing their opinions due to the views of the professors leading the class. Only 36 per cent of left-leaning students reported the same experience.

Interestingly, when asked whether there was a “safe” point of view on controversial topics in university classes, a majority from both groups answered “yes” with little difference between right-leaning students (58 per cent) and left-leaning students (51 per cent).

A significant number of right-leaning students (37 per cent) also said they feared formal consequences for expressing honest thoughts, opinions or even asking questions in their classes. Among right-leaning students who expressed this concern, 74 per cent feared their professors would lower their grades for expressing the “wrong” opinion in class.

Obviously, when students feel that their grades are at risk, they will be far less likely to express their genuine opinions or even ask questions during class discussions. Not only does this make classes less interesting, it also undermines the entire purpose of a university education.

Other studies also reveal the politically one-sided nature of university campuses. For example, a 2022 survey published by the Macdonald-Laurier Institute found that 88 per cent of Canadian university professors vote for parties of the left and only 9 per cent support parties on the right. No wonder students feel their class discussions are consistently one-sided.

Similarly, a 2024 survey published by Heterodox Academy and College Plus found that more than half of students were reluctant to discuss certain issues such as the current Israel/Hamas conflict and transgender identity, and nearly half were reluctant to even broach the subject of politics. More alarmingly, a majority of students favoured limiting free expression on campus.

While many university professors are quick to describe themselves as strong supporters of diversity, this does not seem to include diversity of thought. A truly diverse campus would welcome a variety of intellectual perspectives in the spirit of open and scholarly debate. A campus where everyone looks different but thinks the same is not meaningfully diverse. As economist and philosopher John Stuart Mill argued many years ago, we are all impoverished when we silence one perspective.

It’s concerning that most students feel there’s a “safe” political view on controversial topics, particularly when students who hold a minority viewpoint feel the least safe expressing their views.

Of course, things won’t change overnight. But the first step to dealing with a problem is to admit that you have one. In that light, university administrators, professors and politicians should acknowledge that the current lack of viewpoint diversity on campus is a serious problem for all Canadians. Democracies function best when people freely express, and vigorously debate, competing ideas. As institutions of higher learning, universities should exemplify what free and open discussion looks like.

While there’s nothing wrong with professors holding political views and sharing those views with their students, they should not restrict free and open debate in their classrooms. This means ensuring that all students, including those whose opinions are in the minority, are guaranteed the right to share their views without fear of reprisal.

Michael Zwaagstra

Senior Fellow, Fraser Institute
matthew-mitchell.jpg

Matthew D. Mitchell

Senior Fellow in the Centre for Human Freedom, Fraser Institute
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Business

Carney engaging in Orwellian doublethink with federal budget rhetoric

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From the Fraser Institute

By Jake Fuss

In George Orwell’s classic 1984, he describes a dystopian world dominated by “doublethink”—instances whereby people hold two contradictory beliefs simultaneously while accepting them both. In recent comments about the upcoming October federal budget, Prime Minister Carney unfortunately offered a prime example of doublethink in action.

During a press conference, Carney was critical of his predecessor’s mismanagement of federal finances, specifically unsustainable increases in spending year after year, and stated his 2025 budget will instead focus on “both austerity and investments.” This should strike Canadians as an obvious contradiction. Austerity involves lowering government spending while investing refers to the exact opposite.

Such doublethink may make for good political rhetoric, but it only muddies the waters on the actual direction of fiscal policy in Ottawa. The government can either cut overall spending to try to get a handle on federal finances and reduce the role of Ottawa in the economy, or it can increase spending (but call it “investment”) to continue the spending policies of the Trudeau government. It can’t do both. It must pick a lane when it comes to mutually exclusive policies.

Despite the smoke and mirrors on display during his press junket, the prime minister appears poised to be a bigger spender and borrower than Trudeau. Late last year, the Trudeau government indicated it planned to grow program spending from $504.1 billion in 2025/26 to $547.8 billion by 2028/29.

After becoming the Liberal Party leader earlier this year, Carney delivered a party platform that pledged to increase spending to roughly $533.3 billion this year, well above what the Trudeau government planned last fall, and then to $566.4 billion by 2028/29. Following the election, he then announced plans to significantly increase military spending.

While the prime minister has touted a plan to find “ambitious savings” in the operating budget through a so-called “comprehensive expenditure review,” his government is excluding more than half of all federal spending including transfers to individuals such as Old Age Security and transfers to the provinces for health care and other social programs. Even with the savings anticipated following the review, the Carney government will likely not reduce overall spending but rather simply slow the pace of annual spending increases.

Moreover, the Liberal Party platform shows the government expects to borrow $224.8 billion—$93.4 billion more than Trudeau planned to borrow. And that’s before the new military spending. That’s not austerity—even if Prime Minister Carney truly believes it to be.

Actual austerity would require a decrease in year-over-year expenses, smaller deficits than what the Trudeau government planned, and a path back to a true balanced budget in a reasonable timeframe. Instead, Carney will almost certainly hike overall spending each year, raise the deficits compared to his predecessor, and could even fall short of his tepid goal of balancing the operating budget within three years (which would still involve tens of billions more borrowed in a separate capital budget).

While budgets normally provide clarity on a government’s spending, taxing, and borrowing expect more doublethink from the October budget that will tout the government’s austerity measures while increasing spending and borrowing via “investments.”

Jake Fuss

Director, Fiscal Studies, Fraser Institute
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