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

Just Posted

West Shore RCMP K9 Halla. (Black Press Media file photo)
Sound of RCMP dog enough to stop suspects in Oak Bay

West Shore RCMP K9 unit called in, didn’t get to chase

Colin Davidson won $100K on a Set for Life scratch ticket in Sooke. (BCLC photo)
Sooke man does ‘happy dance’ after scratching a $100,000 Set for Life win

Colin Davidson plans to renovate his home and invest in his daughter’s education

Improving safety at Keating Cross Road and the Pat Bay Highway is the goal of the flyover project currently in the works. The province aims to reveal the final cost and design this fall. (Screencap/Ministry of Transportation and Infrastructure)
Final budget, design of Keating flyover in Central Saanich still in the works

Ministry of Transportation and Infrastructure says information coming by this fall

UVic Department of Anthropology chair and professor, April Nowell, at home with a copy of her new book, Growing Up In the Ice Age. (Courtesy of April Nowell)
New book by University of Victoria professor explores lives of Ice Age children

April Nowell spent two decades researching archaeological evidence of children, teens

Proposed design for the Topaz Park bike and skate park elements. (Courtesy City of Victoria)
Victoria requesting feedback on Topaz Park redesign

Public input now being taken for proposed skate, bike park ideas

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

Tulips bloom in front of the Supreme Court of Canada in Ottawa, Thursday, May 10, 2018. Day two of a full week of scheduled hearings will be heard in Federal Court today on a case involving Indigenous children unnecessarily taken into foster care by what all parties call Canada’s “broken child welfare system.” THE CANADIAN PRESS/Sean Kilpatrick
AFN slams Ottawa for ‘heartless’ legal challenge of First Nations child compensation

2019 decision awarded $40,000 to each Indigenous child removed before 2006

Rick Ruppenthal of Saltair will host a 12-hour talk-a-thon Friday, June 18 over Facebook live. (Photo submitted)
Talk-a-thon to focus on men’s mental health issues

Island man spearheading a campaign to generate more conversation during fundraiser

Ivy was thrown out of a moving vehicle in Kelowna. Her tail was severely injured and will be amputated. (BC SPCA)
Kitten thrown from moving vehicle, needs help: Kelowna SPCA

The seven-month-old kitten had severe tail and femur injuries

The Canadian Anti-Fraud Centre estimates that less than five per cent of mass-marketing fraud is ever reported.
Tips to avoid scams targeting Vancouver Island seniors

In most cases, fraudsters impersonate an individual, business or agency seniors recognize and trust

Vancouver courthouse. (Photo: Tom Zytaruk)
Man loses bid to appeal conviction for 1999 rape at Abbotsford music festival

James Redden, 53, formerly of Nanaimo, was found guilty in 2019 following six-day trial

A health-care worker holds up a sign signalling she needs more COVID-19 vaccines at the ‘hockey hub’ mass vaccination facility at the CAA Centre during the COVID-19 pandemic in Brampton, Ont., on Friday, June 4, 2021. This NHL-sized hockey rink is one of CanadaÕs largest vaccination centres. THE CANADIAN PRESS/Nathan Denette
‘Vaxxed to the max’: Feds launch Ask an Expert campaign to encourage COVID shots

Survey shows that confidence in vaccines has risen this spring

Port Alberni court house (Alberni Valley News)
Inquest set into 2016 death of B.C. teen after a day spent in police custody

18-year-old Jocelyn George died of heart failure in hospital after spending time in jail cell

Children’s shoes and flowers are shown after being placed outside the Ontario legislature in Toronto on Monday, May 31, 2021. THE CANADIAN PRESS/Frank Gunn
Ontario commits $10 million to investigate burial sites at residential schools

Truth and Reconciliation Commission identified 12 locations of unmarked burial sites in Ontario

Most Read