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

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.

BC legislature

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

Just Posted

Sarah Simpson
Sarah Simpson column: Snowballs fights and dead spiders

Even if it doesn’t end up how we hope, it’s the trying that matters most.

Cowichan Tribes members line up at a drive-up clinic on Wednesday, Jan. 13 to receive the first doses of the COVID-19 vaccine in the region. (Kevin Rothbauer/Citizen)
BCAFN condems racism against Cowichan Tribes after COVID-19 outbreak

“Any one of us could do everything right and still catch the virus”: Regional Chief Terry Teegee.

Dr. Shannon Waters, the medical health officer for the Cowichan Valley Region, is reminding people to stay the course with COVID-19 measures. (File photo)
‘Stay the course’ with COVID measures, Island Health reminds

Limit social activity, wash hands, wear a mask, and isolate if you feel sick

Cowichan Bay tennis player Grace Haugen takes part in an exhibition at the South Cowichan Lawn Tennis Club in 2019, which also included Canadian legends Frank Dancevic and Daniel Nestor. Haugen has committed to further her career at the University of Montana starting next fall. (Citizen file)
Cowichan Bay tennis player prepares for next step in her journey

Grace Haugen commits to University of Montana

Keith the curious kitten is seen on Nov. 4, 2020 at the Chilliwack SPCA. Friday, Jan. 22, 2021 is Answer Your Cat’s Questions Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 17 to 23

Answer Your Cat’s Questions Day, Pie Day and International Sweatpants Day are all coming up this week

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Terry David Mulligan. (Submitted photo)
Podcast: Interview with longtime actor/broadcaster and B.C. resident Terry David Mulligan

Podcast: Talk includes TDM’s RCMP career, radio, TV, wine, Janis Joplin and much more

A still from surveillance footage showing a confrontation in the entranceway at Dolly’s Gym on Nicol Street on Friday morning. (Image submitted)
Troublemaker in Nanaimo fails at fraud attempt, slams door on business owner’s foot

VIDEO: Suspect causes pain and damage in incident downtown Friday morning

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials say country will still likely receive four million doses by the end of March

Jobs Minister Ravi Kahlon shared a handwritten note his son received on Jan. 13, 2021. (Ravi Kahlon/Twitter)
Proud dad moment: B.C. minister’s son, 10, receives handwritten note for act of kindness

North Delta MLA took to Twitter to share a letter his son received from a new kid at school

Lilly and Poppy, two cats owned by Kalmar Cat Hotel ownder Donna Goodenough, both have cerebellAr hypoplasia, a genetic neurological condition that affects their ability to control their muscles and bones. Photo by Alistair Taylor – Campbell River Mirror
VIDEO: Wobbly Cats a riot of flailing legs and paws but bundles of love and joy to their owner

Woman urges others to not fear adopting cats with disabilities

Chief public health officer Dr. Theresa Tam provides an update on the COVID-19 pandemic in Ottawa on Friday, Jan. 8, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada’s top doctor says to avoid non-essential travel as B.C. explores legal options

Premier John Horgan says he is seeking legal advice on whether it can limit interprovincial travel

Most Read