B.C. Premier Gordon Campbell gets acquainted with Tsawwassen First Nation Chief Kim Baird’s 10-month-old daughter Sophia, husband Steve and four-year-old Amy at the B.C. legislature before a ceremony to endorse the Tsawwassen Treaty, Oct. 15, 2007. (Sharon Tiffin/Black Press)

B.C. Premier Gordon Campbell gets acquainted with Tsawwassen First Nation Chief Kim Baird’s 10-month-old daughter Sophia, husband Steve and four-year-old Amy at the B.C. legislature before a ceremony to endorse the Tsawwassen Treaty, Oct. 15, 2007. (Sharon Tiffin/Black Press)

Indigenous consent comes first and last for B.C. industrial projects

Environment minister can still approve permits without consent

Former Tsawwassen First Nation chief Kim Baird wasn’t born when the causeway and artificial island for B.C.’s biggest ferry terminal started construction in the late 1950s, but the story of its impact on the marine environment and traditional fishing village life remains vivid today.

“The way our elders tell it, the guy constructing the causeway knocked on the chief’s door,” Baird said at a forum on the province’s new Indigenous rights law at the recent B.C. Natural Resources Forum. “That’s how we found out, because the land had been expropriated through the Indian Agent.”

Baird described the impact of the ferry terminal and the adjacent Deltaport coal and container terminal in a 2007 speech to the B.C. legislature, when she led the Tsawwassen First Nation in the signing of the first modern-day treaty.

“Today we have a tiny postage stamp of a reserve, a small fraction of a percentage of our traditional territory fronting a dead body of water, trapped between two massive industrial operations,” she said. “The ferry causeway, with its millions of cars and trucks, dissects our reserve to the south. And Deltaport, with its 24/7 coal and container traffic, coats our houses with diesel particulate. Trucks and trains keep us awake at night.”

With its treaty’s substantial land and cash settlement, the Tsawwassen First Nation has developed Tsawwassen Mills shopping mall and further rail business to add to the water slide and other enterprises it has built to create employment. Now a consultant on Indigenous projects, Baird says there have been many successful agreements in B.C. that respect Indigenous land and treaty rights, without changing legislation to require it.

Also speaking to the forum by video conference Jan. 27, Chief Corrina Leween of the Cheslatta Carrier Nation didn’t detail the disruption caused by another 1950s project, construction of the Kenney Dam. Alcan dammed the Nechako River to power its aluminum smelter at Kitimat, and the flooding displaced the Cheslatta people to 17 small reserves around Francois Lake, south of Burns Lake.

But Leween was clear that the NDP government’s changes to environmental assessment give Indigenous people the first call on a project, and it’s up to Canada and B.C. to meet the terms of the UN Declaration on the Rights of Indigenous People (UNDRIP). B.C. is the first North American jurisdiction to legislate its principle of “free, prior and informed consent” for pipelines, mines, dams and other development.

“The government has now made it provincial law that resource projects require our consent to move forward,” Leween said. “If our nations don’t have the capacity to conduct our own due diligence, to retain our own lawyers and advisors, to provide our own environmental assessment, and to meaningfully consult with our members, then we are not able to provide an informed consent.”

Kevin O’Callaghan, an Indigenous specialist with Vancouver law firm Fasken, told the forum there are two legal camps on the effect of imposing UNDRIP on Canadian and B.C. law. “Either it means that governments must consult with a goal of obtaining consent, but can proceed without consent, or that governments must obtain consent,” O’Callaghan said.

Murray Rankin, a law professor, former MP and B.C.’s new minister of Indigenous relations, was not available for an interview. His office issued a statement confirming that the Environment Assessment Act changes introduced more than two years ago were to conform with UNDRIP by seeking Indigenous consent at two points when project proponents apply for permits.

“The first is early in the process at the readiness decision phase if the recommendation from the chief executive assessment officer or minister is to exempt or terminate the project from the environmental assessment process,” the ministry said. “The second point is near the end of the process on whether or not a project should receive an environmental assessment certificate.”

A ministry fact sheet states: “Ministers must take these decisions into consideration, but retain final decision-making. They must provide reasons if their decision does not align with the decision of participating Indigenous nations.”

The changes to B.C.’s environmental assessment process “turn it on its head,” Environment Minister George Heyman told reporters when the amendments were tabled in the B.C. legislature in November 2018. “Get those issues surfaced early and move ahead so that good, sustainable projects will get to the finish line so British Columbia communities can benefit, as can Indigenous peoples, from good jobs that are sustainable with respect to the environment.”

2018: B.C. government overhauls environmental assessment

2016: Tsawwassen Mills mall starts hiring for 3,000 positions

One of the problems still unsolved for Heyman, Rankin and four other cabinet ministers involved with resource development, is what to do when affected Indigenous communities disagree on a project. They may also disagree on whose territory is affected when land claims overlap without treaties, as they do in much of B.C.

B.C. and Ottawa still face a dispute in Wet’suwet’en territory over the Coastal Gaslink pipeline, which is supported by all elected Wet’suwet’en councils and the federal and provincial governments, but opposed by a small group of hereditary chiefs.

Premier John Horgan has stated repeatedly that the Wet’suwet’en people have to determine their own official position, as LNG Canada and its pipeline, the largest private sector investment in Canadian history, continues to be built across northern B.C.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislatureBC politicsUNDRIP

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

Just Posted

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: Lookout Lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

A driver stopped by Saanich police following a road rage incident on April 15 was found to be impaired, in violation of a license restriction and in a damaged vehicle. They received a 90-day driving prohibition and a 30-day vehicle impound. (Saanich Police Traffic Safety Unit/Twitter)
Driver stopped on Pat Bay Highway after road rage reports fails breathalyzer test: police

Several witnesses reported driver to Saanich police, school officer intercepted

Police escorts for Victoria bylaw workers entering encampments in parks will continue for this month, after council approved a $25,000 budget request from VicPD. (Black Press Media file photo)
Victoria bylaw staff encampment work to include police escort through April

Taxpayers to see modest increase in property taxes for 2021

Police are looking for the driver of this truck after it nearly hit a group of kids in Esquimalt on Thursday. (Photo courtesy of Victoria Police)
Victoria police looking for driver of truck that nearly missed kids before crashing in Esquimalt

The truck’s driver, a man, fled the scene after the truck crashed into a house’s fence

This property, at 1980 Fairfield Place, is adjoined to Gonzales Hill Park and is the centre of community opposition and a B.C. Supreme Court case as owners are looking to build a single-family home on the lot. Jake Romphf/News Staff
Home construction near Victoria’s Gonzales Hill Park spurs legal battle

Gonzales Hill Preservation Society worried about impacts to the park’s wildlife, rare fauna, views

A woman wears a protective face covering to help prevent the spread of COVID-19 as she walks past the emergency entrance of Vancouver General Hospital in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
Top doctor warns B.C.’s daily cases could reach 3,000 as COVID hospitalizations surge

There are more than 400 people in hospital, with 125 of them in ICU

(Black Press Media file photo)
POLL: Do you have a plan in place in the event of a tsunami?

Tsunamis have claimed the lives of more than 250,000 people between 1998… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of April 13

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

A crossing guard stops traffic as students wearing face masks to curb the spread of COVID-19 arrive at Ecole Woodward Hill Elementary School, in Surrey, B.C., on Tuesday, February 23, 2021. A number of schools in the Fraser Health region, including Woodward Hill, have reported cases of the B.1.7.7 COVID-19 variant first detected in the U.K. THE CANADIAN PRESS/Darryl Dyck
COVID-infected students in Lower Mainland schools transmitting to 1 to 2 others: data

Eight to 13 per cent of COVID cases among students in the Lower Mainland were acquired in schools, B.C. says

An armed officer walks outside Cerwydden Care on Cowichan Lake Road near Skinner Road Wednesday, April 14 around 5:30 p.m. (Kevin Rothbauer/Citizen)
Police standoff at Duncan apartment ends peacefully

Officers surround building as homeowner held in apartment for nearly four hours by adult son

The District of Sooke will continue to flower with Communities in Bloom. (Pixabay)
Sooke will bud but not bloom in provincial competition

Council scales back participation in Communities in Bloom

Latest modelling by public health shows cases generated by COVID-19 infections into places where it can spread quickly. (B.C. Centre for Disease Control)
Industrial sites, pubs, restaurants driving COVID-19 spread in B.C.

Infection risk higher in offices, retail, warehouses, farms

Hwy. 4 was shut down in both directions for 10 hours on March 23 as a rock bluff was blasted as part of Kennedy Hill’s ongoing construction. Commuters can expect five more 10 hour closures on five consecutive Wednesdays beginning April 28. (Photo courtesy of Ministry of Transportation and Infrastructure)
Five 10-hour Pacific Rim highway closures planned in the next 6 weeks

Closures needed for rock blasting as part of the Kennedy Hill Safety Improvement project.

Bulldogs forward Stephen Castagna flips the puck into the Clippers zone during a game on Oct. 24. (ELENA RARDON / ALBERNI VALLEY NEWS)
Island BCHL game postponed due to ‘potential positive’ COVID-19 test

Nanaimo Clippers team suspends activities, players isolating pending further test results

Most Read