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

Comments are closed

Just Posted

Group rescued unharmed after attempting to tube Lakelse River

Terrace Search and Rescue brought in helicopter to conduct search

Police investigate July 2 homicide in Houston

Man succumbed to injuries at Pearson Road residence

Terrace couple awarded by Governor General for volunteer work

Ron and Mavis Ramsey recognized for founding society that covers medical expenses

Skeena Sawmills in Terrace inks fibre deals with Kitselas Forestry and Kalum Ventures

Sawmill set to purchase around 45,000 cubic metres of fibre per year

Skeena Sawmills in Terrace reach labour agreement with local United Steelworkers union

The four and a half year long deal was ratified on May 19, 2020 and is retroactive to Jan. 1, 2020

B.C. accommodators need phone lines to light up as in-province travel given green light

Travel restrictions during the COVID-19 pandemic have decimated the tourism and hospitality industries

300 Cache Creek residents on evacuation alert due to flood risk as river rises

Heavy rainfall on Canada Day has river rising steadily, threatening 175 properties

First glimpse of Canada’s true COVID-19 infection rate expected mid-July

At least 105,000 Canadians have tested positive for COVID-19 since the coronavirus was identified

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Most Read