Lekwungen dancers perform in the B.C. legislature before introduction of historic Indigenous rights legislation, Oct. 24, 2019. (Hansard TV)

B.C. to be first to implement UN Indigenous rights declaration

No veto in B.C. legislation, minister Scott Fraser says

The B.C. government is about to become the first in North America to begin formal recognition of the United Nations Declaration on the Rights of Indigenous People.

UNDRIP has become an international rallying cry for Indigenous people to leave behind colonial rule and achieve “free, prior and informed consent” for resource development and other activity in their traditional territories.

Overlapping territorial claims dominate B.C., which unlike the rest of Canada is not subject to historic treaties. And the federal government is responsible for reserves that were established across the country, including B.C.

“We’re leading in Canada, in North America and the Western Hemisphere,” B.C. Indigenous Relations Minister Scott Fraser said in an interview with Black Press.

“It’s one of the key recommendations in the Truth and Reconciliation Commission’s calls to action dealing with the aftermath of the residential school system, recognizing in law the rights of Indigenous peoples,” Fraser said. “It’s been described as generational. Reconciliation doesn’t have an end-date. That’s not what it’s about. Human rights are indigenous rights too.”

Fraser is emphatic about the suggestion that UNDRIP’s key phrase, “free, prior and informed consent,” establishes a veto.

“There is no veto in the UN declaration and there is none contemplated in the legislation,” he said.

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

RELATED: Court grants Tsilhqot’in injunction against drilling

The province has already moved ahead with key aspects of UNDRIP, including changes to environmental assessment laws to incorporate Indigenous input, public school curriculum and changes to children and families laws that involve state intervention in child care.

The B.C. legislature is also debating a new law providing a share of B.C. Lottery Corp. gambling revenues to the more than 200 Indigenous communities in the province.

B.C. Liberal leader Andrew Wilkinson is skeptical about the NDP’s decision to pioneer the implementation of UNDRIP.

“The challenge for B.C. is we have 203 different first nations, many with overlapping claims to the landscape, and to aboriginal rights and title,” Wilkinson said in an interview. “And that’s a slow process of reconciliation that made great progress under the B.C. Liberals with (former minister) John Rustad leading the way. And now we see the NDP backing off to a kind of theoretical UN-driven approach, and it will be a real challenge to see if that will work in B.C.”

Wilkinson, a lawyer who has also worked as a medical doctor in northern B.C., noted that B.C. has already ventured into funding on-reserve housing projects, which are federal jurisdiction.

“It’s debatable within the laws of Canada, given that section 35 of the Charter deals with aboriginal rights, and that the federal government has a fiduciary duty for aboriginal peoples and what are known as Indian reserves,” Wilkinson said. “The province has a totally different jurisdiction, but we have an NDP government that’s very keen to solve the world’s problems all by itself.”


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Green candidate reflects on South Okanagan-West Kootenay campaign

Rosslander Tara Howse talks about the highs and lows of running for office

Community Christmas Hamper Program seeks donations, applications

Families can register for a hamper at Boundary Family Services and Community Futures

RDKB directors divided over dam revenues and fire service

East-end directors voted in favour of using $300,000 from the dam to support the RDKB fire service

Veterans lead the line for the Border Bruins in 2019/2020

Nathan Cohen-Wallis and captain Liam Stalwick are among the team’s points leaders too

Buyout residents ask for expert representation in land negotiations

City: ‘We’re really hoping that […] we can come to agreements that preserve people’s net worth’

VIDEO: Canadian allergists’ group wants Benadryl behind the counter due to side effects

Some doctors say the medication is over-used because of its easy availability

Yelling at your dog might hurt its long-term mental health: study

Researchers find dogs trained using negative reinforcement are more ‘pessimistic’

Vancouver Island soap company releases Lucky Lager beer soap

Beer-infused olive oil soap comes out just in time for holiday shopping

Jagmeet Singh says he’ll vote against throne speech if NDP requests not met

Singh is to meet with Prime Minister Justin Trudeau on Thursday

Community uses loophole to paint 16 rainbow crosswalks after B.C. council says no

So far 11 rainbows are painted and five planned, all since council denied the first proposal in September

Workers’ camp at LNG facility in Kitimat takes shape

Extensive worker camp now being assembled

Former B.C. youth pastor guilty on one of five sexual assault allegations

Judge cites reasonable doubt in finding Cloverdale couple not guilty of majority of charges

238 and counting: Vancouver gelato shop sets Guinness World record for most flavours

Vince Misceo has come up with 588 different flavours over the decades

Killer who fled to Taiwan day after shooting B.C. man over $80 sentenced 13 years later

The sentence comes 13 years after Shaoxin Zhang, 19, was killed in a Burnaby parking lot

Most Read