By Don Urquhart, Times Chronicle
A plan to amend BC’s Land Act which governs Crown land across the province has stirred up some degree of controversy as the government appeared to quietly slip the issue into the public space with little media or public engagement.
The move only served to raise the hackles of those concerned over potential ramifications of the amendments which will see the province share its decision-making powers over public lands with Indigenous groups.
Should the amendment pass some individuals and companies feel it will mark a potentially significant shift in the way they comes to public land which comprises over 90 per cent of the province.
An estimated 40,000 active tenures for public land use fall under 25 separate programs covering everything from cattle grazing, to forestry, mining, dock permits, agriculture, and infrastructure for communications and hydro transmission, etc.
The push-back from some quarters has caught the attention of BC’s First Nations Leadership Council (FNLC) – comprised of the political executives of the BC Assembly of First Nations (BCAFN), First Nations Summit (FNS), and the Union of BC Indian Chiefs (UBCIC) – which expressed concern over the reactions.
In a statement, the FNLC said these reactions and comments are “inaccurate and unhelpful, and implicitly rely on outdated, mistaken, and regressive views relating to the rights of First Nations.”
Law firm McMillan LLC which first spotted the item on a fairly obscure government website and brought the issue to the fore itself said, the “subject matter of the consultation is unprecedented and of profound importance to any company that requires authorization to use Crown land in BC.”
“These types of decisions are a major part of governing the land base and economy in BC, and these decision-makers are supported by well-drafted and comprehensive Crown Land policies and procedures manuals.”
It continues to say that under the amendments being proposed by the BC government, Indigenous groups will effectively be provided “a veto power over decision-making about Crown land tenures and/or have “joint” decision-making power with the Minister.
“Where such agreements apply, the Crown alone will no longer have the power to make the decisions about Crown land that it considers to be in the public interest.”
The FNLC also states that contrary to comments, such as those made by the McMillan law firm, First Nations governments will not have a “veto” power, and they will not immediately alter the existing land tenure system in British Columbia.
“Rather, they will make space for the recognition and implementation of First Nations’ unceded governance rights in relation to land and resource development in their territories – through negotiation and agreement with the Province in accordance with the Declaration Act – rights which have been largely ignored by colonial governments for the last century and a half.”
The guiding principle behind the province’s move is the Declaration on the Rights of Indigenous Peoples Act (DRIPA) – the provincial framework for reconciliation with Indigenous peoples – which was unanimously passed by the provincial legislature in 2019.
DRIPA affirms the United Nation’s declaration which among other things recognizes that First Nations have the inherent right to self-determination and to participate in decision-making in matters which would affect their rights.
“The proposed Land Act amendments are a critical next step for the Province in fulfilling its commitments under the Declaration Act and to align its decision-making processes with the UN Declaration and FNLC supports the Province’s work in this regard,” the FNLC said.
“The amendments will allow the Province to negotiate decision-making agreements with First Nations under the Land Act in the future,” and it added that any agreements that are negotiated will be subject to the public engagement processes mandated under the Declaration Act.
It’s also been observed that a key legacy of colonization is the endless bureaucratic hurdles that are constantly thrown up at First Nations as they try to develop economically, particularly when it comes to land stewarding, something that provincial laws and policies only serve to perpetuate.
Public input to the proposed amendment is being accepted on the EngageBC website until March 31.
