B.C. Premier John Horgan speaks to Indigenous leadership conference in Vancouver, Nov. 5, 2019. (B.C. government)

B.C. Premier John Horgan speaks to Indigenous leadership conference in Vancouver, Nov. 5, 2019. (B.C. government)

B.C.’s pioneering Indigenous rights law adds to confusion, conflict, study finds

Pipeline, rail blockades spread across Canada after UNDRIP vow

Premier John Horgan’s effort to pioneer the United Nations’ Indigenous rights declaration in B.C. law fuelled blockades aimed at stopping his government’s signature natural gas project, a new study concludes.

Prime Minister Justin Trudeau should heed the results of B.C. legislation adopting the UN Declaration on the Rights of Indigenous People before he fulfils his promise to follow suit on a national level, Indigenous rights specialist Tom Flanagan concludes in a paper for the Fraser Institute published Tuesday.

When B.C. passed its framework law in November 2019, Horgan and his Indigenous Relations Minister Scott Fraser repeatedly said it does not constitute a veto, despite its adoption of the UNDRIP principle of “free, prior and informed consent” by Indigenous people over resource development in their traditional territories.

Flanagan notes that B.C.’s Bill 41 promises to both adopt the principles of UNDRIP and exempt B.C. laws from it, with “ambiguous language” that Indigenous advocates have interpreted as they see fit.

“The adoption of Bill 41 led directly to the proliferation of blockades on Canadian National Railway lines,” Flanagan writes. “Those traditional Wet’suwet’en chiefs who oppose the presence of the Coastal GasLink pipeline in their territory claimed that Bill 41 gave them a right to veto construction.”

RELATED: B.C. Liberals call for ban on foreign pipeline protest fund

RELATED: If this isn’t an Indigenous veto over development, what is?

Efforts by Fraser and federal Crown-Indigenous Relations Minister Carolyn Bennett to negotiate with pipeline opponents have been repeatedly rebuffed with the same response: RCMP and Coastal GasLink must leave Wet’suwet’en asserted territory, despite extensive consultation, local benefit agreements with all five Wet’suwet’en communities and 15 others, and a court order to clear roadblocks at worksites in northwestern B.C. The same demand was echoed by Mohawk protests in Ontario and Quebec, and student protests that attempted to blockade the opening of the B.C. legislature.

“One faction of one of these 20 first nations – some but not all of the hereditary chiefs of the Wet’suwet’en – opposed the pipelines in spite of the agreements and tried to block construction in the face of two court injunctions,” Flanagan writes. “Their supporters felled trees across the road, partially cut other trees for mantraps, and stockpiled raw ingredients for making firebombs.”

Flanagan notes that former justice minister Jody Wilson-Raybould has warned that UNDRIP can’t be imposed over Canadian law, but must be expressed through Section 35 of Canada’s Charter of Rights and Freedoms. Ousted as justice minister by Trudeau, Wilson-Raybould is a lawyer, a member of the Kwagiulth people of the B.C. coast, and daughter of Hemas Kla-Lee-Lee-Kla (Bill Wilson), one of the architects of aboriginal rights in Canada’s Constitution Act of 1982.

B.C.’s adoption of Bill 41 has little immediate effect on provincial law, but its effect on the UN itself soon after it passed in November.

“In early January 2020, three major projects came under attack from a UN agency on ‘free, prior and informed consent’ grounds,” Flanagan writes. “The Site C hydroelectric project in northeastern B.C., the Coastal GasLink pipeline connecting B.C. gas fields to the projected LNG plant in Kitimat, and the Trans Mountain oil pipeline expansion from Alberta to Vancouver.”

The call to stop work on all three projects came from the UN Committee on the Elimination of Racial Discrimination, whose current membership includes China, Japan, Senegal, Turkey, Peru, Germany and Qatar.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislatureCoastal GasLink

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

Just Posted

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
36 new cases of COVID-19, one death in Interior Health

The number of active cases in the region is at 366

Map showing geographic distribution of COVID cases in BC. (BC CDC photo)
1 new case of COVID-19 in Golden area to close out February

There were only two reported cases in the area for the month

Mussel inspection sit set up at B.C.-Alberta border. (Contributed)
Okanagan Basin Water Board calls for stronger invasive mussel protection

Letter sets out six recommendations for environment minister George Heyman to consider

Kootenay-Columbia MP Rob Morrison. File photo
COMMON’S CORNER: Challenging the government on vaccine availability and more

The first of a quarterly column from Kootenay-Columbia MP Rob Morrison

Will Cunningham, Joyce deBoer and Sheri Fleischaue pose in front of the newly installed Seed Swap Cupboard. Missing from the photo are other Seed Swap Squad members Dan Geddes, Mary Lynn Lewis, Andrea Crook, Jill Dewtie, Bob Finnie and Donna Attewell. (Local Food Matters photo)
Local Food Matters introduces seed swap cupboard

Annual seed swap cancelled for a second straight year, pupboard a way to spread seeds and knowledge

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the B.C. legislature press theatre to give a daily update on the COVID-19 pandemic, April 6, 2020. (B.C. government)
B.C. nears 300,000 COVID-19 vaccinations, essential workers next

564 new cases, four deaths, no new outbreaks Thursday

Walter Gretzky father of hockey hall-of-famer Wayne Gretzky waves to fans as the Buffalo Sabres play against the Toronto Maple Leafs during third period NHL hockey action in Toronto on Tuesday, Jan. 17, 2017. THE CANADIAN PRESS/Nathan Denette
Walter Gretzky, father of the Great One, dies at 82

Canada’s hockey dad had battled Parkinson’s disease and other health issues

Riverside Centre includes a theatre hosting local plays, visiting musicians and dance troupes. It is also used for community events such as public meetings and fundraisers. Photo Town of Princeton
COVID-19 numbers provided by Interior Health show Salmon Arm and Revelstoke in the 200-plus range from January 2020 to February 2021 while Vernon, with a larger population, tallied more than 600 over the 14 months. (BC Centre for Disease Control map)
14 months of COVID-19 data show Kamloops cases doubling Vernon’s

Jan. 1, 2020 to Feb. 28, 2021: 605 cases reported for Vernon, 243 for Salmon Arm, 1,246 for Kamloops

Penticton Fire Department pulled a kayaker from Okanagan Lake on Wednesday after he had fallen out of his boat and called 911. The man was taken to the hospital for treatment. (Western News - File)
Kayaker rescued from Okanagan Lake after falling in and calling 911

The Penticton Fire Department’s Marine Rescue pulled him out suffering from severe cold

Kelowna General Hospital (File photo)
Second death reported in Kelowna General Hospital COVID-19 outbreak

A total of seven cases have been identified at the hospital: six patients and one staff

The Greater Vernon Chamber of Commerce’s general manager Dan Proulx, left, hosted a virtual Official Opposition town hall meeting with Shadow Cabinet Minister Small Business Pat Kelly, right, and North Okanagan-Shuswap MP Mel Arnold March 3, 2021. (Screenshot)
Tourism key to business recovery in North Okanagan-Shuswap: MP

Easing travel restrictions, limiting taxation and debt management critical to COVID-19 economic recovery

Thomas Kruger-Allen is expected to be sentenced Friday, March 5, 2021.
Sentencing expected Friday for 2019 Penticton beach attack

Defense wants 12 to 18 months for beach assaults that left one of his victims with brain injury

(BCCDC)
42 cases of COVID-19 in the Central Okanagan last week

Officials have identified almost 3,000 cases of the virus in the Central Okanagan throughout the pandemic

Most Read