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Rustad wants B.C. Indigenous rights law repealed, Chief sees that as 40-year setback

The Conservative leader has since signalled his intention to 91Ƶrepeal91Ƶ the law
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B.C. Conservative Leader John Rustad listens during a news conference in Vancouver, B.C., Wednesday, Aug. 28, 2024. THE CANADIAN PRESS/Darryl Dyck

B.C. saw a rare unanimous vote in its legislature in October 2019, when members passed a law adopting the United Nations Declarations on the Rights of Indigenous Peoples, setting out standards including free, prior and informed consent for actions affecting them.

The law 91Ƶfundamentally changed the relationship91Ƶ between First Nations and the province, said Terry Teegee, regional chief of the B.C. Assembly of First Nations.

91ƵRather than having some sort of consultation, right now we91Ƶre actually talking about shared decision-making,91Ƶ Teegee said in an interview.

John Rustad threw his support behind the legislation as a member of the Official Opposition B.C. Liberal Party, but as the B.C. Conservative leader he has since signalled his intention to 91Ƶrepeal91Ƶ the law if his party wins the Oct. 19 provincial election.

Rustad said in a statement on the Conservatives91Ƶ website last February, that the UN declaration, known as UNDRIP, was 91Ƶestablished for conditions in other countries 91Ƶ not Canada.91Ƶ

Teegee said Rustad was 91Ƶcreating enemies91Ƶ with First Nations.

91ƵAs we come to Sept. 30, he91Ƶs repealing, in a way, reconciliation,91Ƶ Teegee said in an interview ahead of the National Day for Truth and Reconciliation. 91ƵHe91Ƶs undoing a lot of the good work that many people in this province have worked toward.91Ƶ

B.C.91Ƶs legislation adopts the declaration as the framework for reconciliation and charts a path for the province to negotiate agreements with First Nations aimed at establishing shared decision-making in their territories.

It has led to changes in provincial laws related to land management, including mining and forestry, and it has helped facilitate progress in returning jurisdiction to First Nations over the welfare of their children, Teegee said.

Unravelling the nearly five-year-old legislation would set reconciliation back in B.C., he said, leaving First Nations without a forum to hold constructive discussions about the recognition of land rights and shared decision-making with the province.

91ƵI think it (would) bring us back to 40 years ago, maybe even longer, when the first court cases began by the Nisga91Ƶa and Calder,91Ƶ he said, referring to a landmark case that led to the Supreme Court of Canada recognizing Aboriginal title in 1973.

91ƵIf we91Ƶre at odds with each other, then many First Nations will continue to do what they did before, (which) was to go to court,91Ƶ he said. 91ƵIt leaves a lot of uncertainty.91Ƶ

The Canadian Press requested an interview with Rustad related to his stance on B.C.91Ƶs declaration legislation, but did not receive follow up to arrange a call.

Conservative candidate A91Ƶaliya Warbus, a member of the Sto:lo Nation, said asking Rustad about the declaration was 91Ƶtop of mind91Ƶ when she first met him.

91ƵWhat the heck? Why would we take this legislation? We fought hard, Indigenous communities, for our rights and recognition of those rights, and upholding social determinants of health in our communities, and this legislation helps us do that.91Ƶ

But Warbus, who is running in Chilliwack-Cultus Lake, said she was 91Ƶreally satisfied91Ƶ with her conversation with Rustad.

She said Rustad 91Ƶexplained91Ƶ that adopting an international framework such as UNDRIP wasn91Ƶt the right fit for B.C.91Ƶs context, with more than 200 unique First Nations and vast traditional territories that aren91Ƶt covered by treaties.

Warbus said B.C.91Ƶs declaration legislation is 91Ƶ97 per cent good,91Ƶ but the application of free, prior and informed consent had not been settled in the province.

She pointed to conflict over the Coastal GasLink pipeline in northwestern B.C.

Opposition among Wet91Ƶsuwet91Ƶen hereditary chiefs to the 670-kilometre pipeline sparked rallies and rail blockades across Canada in 2020, while the elected council of the Wet91Ƶsuwet91Ƶen First Nation and others nearby had agreed to the project.

91ƵThat was a key example of how free, prior, informed consent, without definition, doesn91Ƶt tell us who gets to make that decision at the end of the day,91Ƶ Warbus said.

The 670-kilometre pipeline was mechanically completed in November 2023 and an update posted to the project website in June says the focus had turned to the safe operation of the pipeline system as well as cleanup and reclamation work.

91ƵThere91Ƶs no impetus from me or the party to go backwards on reconciliation at all,91Ƶ said Warbus, whose father is former B.C. lieutenant-governor Steven Point.

The switch in Rustad91Ƶs stance on the declaration came as he was speaking out against proposed changes to B.C.91Ƶs Land Act, which have since been scrapped.

The Conservative statement last February starts by saying the changes were an 91Ƶassault91Ƶ on private property rights and the right to access shared Crown land.

91ƵConservatives will defend your rights to outdoor recreation 91Ƶ and your water access, as well as B.C.91Ƶs mining, forestry, agriculture sectors and every other land use right,91Ƶ said the statement posted by Rustad.

A provincial consultation presentation said the proposed changes would have opened the door for shared decision-making under the Land Act, but nothing would require the province to enter into such an agreement with a First Nation.

91ƵThe public interest will be a critical part of any provincial government decision to enter into a negotiation of an agreement,91Ƶ the slide deck said.

The B.C. government announced later in February it was dropping the plan.

At the time, the minister of water, land and resource stewardship, Nathan Cullen, issued a statement saying 91Ƶsome figures (had) gone to extremes to knowingly mislead the public about what the proposed legislation would do.91Ƶ

Cullen said he spoke with many people during the consultation process who were 91Ƶsurprised to learn that the claims being made 91Ƶ were not true and that there would be no impacts to tenures, renewals, private properties or access to Crown land.91Ƶ

B.C. Indigenous leaders, including Teegee, have said Rustad was making false statements about the province91Ƶs plan and stoking anti-Indigenous sentiment.

In an interview, Teegee said Rustad was engaging in 91Ƶfear mongering91Ƶ and using First Nations as a 91Ƶwedge issue91Ƶ for political gain ahead of the election.

91ƵI don91Ƶt think he can be trusted.91Ƶ

Rustad led the Ministry of Indigenous Relations and Reconciliation in Christy Clark91Ƶs Liberal government, the department was then called Aboriginal Relations,and his statement in February says he signed 435 agreements with First Nations during his tenure as minister.

91ƵThrough this economic reconciliation, we saw First Nations communities rise up from impoverished conditions and truly begin to thrive,91Ƶ the statement says.

Teegee, however, said many of the First Nations leaders who signed agreements during that time would have 91Ƶplugged their nose and signed them.91Ƶ

91ƵSome of those First Nations signed them under duress and put that in their agreement themselves. I know my nation did, stating that this wasn91Ƶt accommodation,91Ƶ said Teegee, a member of the Talka Nation in northern B.C. who previously served as tribal chief of the Carrier Sekani Tribal Council.

When asked about criticism of Rustad by other Indigenous leaders, Warbus said it91Ƶs 91Ƶall the more reason to work with him, all the more reason to be directly involved.91Ƶ

91ƵI feel strongly that Indigenous people need to be inside, involved on the ground, at the legislature level, and that is why I91Ƶm doing this,91Ƶ she added.





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