B.C.含羞草研究社檚 Minister of Water, Land and Resource Stewardship Nathan Cullen has accused critics of pending First Nations-related legislation governing about 95 per cent of provincial land of fear-mongering.

Cullen said these critics hope to turn back the clock to 1950s, adding that resource industry leaders themselves are asking for the kind of certainty in resource dealings with First Nations that the legislation is intended to provide.

含羞草研究社淢y worry is that for some of the political actors here on the right, this is an element of dog-whistle politics,含羞草研究社� Cullen said, adding that deliberate misinformation around the issue is hurting B.C.含羞草研究社檚 reputation.

He made these comments as the provincial government continues to receive submissions on proposed amendments to the Land Act until March 31, while facing criticism for both the substance and the process.

Central to the issue are agreements under Section 6 and 7 of the Declaration on the Rights of Indigenous Peoples Act, which establishes the United Nations Declaration on the Rights of Indigenous Peoples as the basis for reconciliation.

Agreements under those sections allow the provincial government to enter 含羞草研究社渁greements with a broader range of Indigenous governments and to exercise statutory decision-making authority together含羞草研究社� and government is now seeking to bring the Land Act in line.

Critics are accusing the government of not only downplaying the consultation process to avoid attention, but have also raised concerns that government is planning to give First Nations veto power over land decisions.

Perhaps the important document making that point is a commentary from Vancouver-based law firm McMillan LLP.

含羞草研究社�(Make) no mistake 含羞草研究社� the subject matter of the consultation is unprecedented and of profound importance to any company that requires authorization to use Crown land in (B.C.),含羞草研究社� it reads. 含羞草研究社淭hese include things like grazing leases, mining leases, licenses of occupation, dock permits, rights of way (and so on). 含羞草研究社�

Up until now, these decisions have always been made by the minister responsible for the act, it reads.

含羞草研究社淯nder the amendments being proposed by the (provincial) government, changes will be made to enable agreements with Indigenous groups such that they will be provided a veto power over decision-making about Crown land tenures and / or have 含羞草研究社榡oint含羞草研究社� decision making power with the (minister),含羞草研究社� it reads. 含羞草研究社淲here 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.含羞草研究社�

This commentary has been cited by various critics, but other legal analysts have also pointed out that B.C. is implementing First Nations rights under Canada含羞草研究社檚 constitution as found in S. 35. .

Cullen, for his part, said critics have it wrong.

含羞草研究社淭here is no veto in these amendments,含羞草研究社� Cullen said. 含羞草研究社淭he First Nation Leadership Council confirmed the same thing.含羞草研究社�

Cullen said the government has 含羞草研究社渞eset含羞草研究社� the consultation process.

含羞草研究社淪o we have lengthened it, we have deepened it, we are taking all requests,含羞草研究社� he said. 含羞草研究社淚 just did five hours in a meeting with the adventure tourism interests in this province, answering every question they have, and I will do more. I will do as many as it takes.含羞草研究社�

Cullen promised his ministry would not start drafting changes until after March 31 and pledged ample for legislators to review the changes.

含羞草研究社淚t would be surprising if there (are) a lot of amendments, it is not a lot of material,含羞草研究社� he said. 含羞草研究社淏ut it has obviously elicited a strong response in some quarters, positive and negative, so I含羞草研究社檝e got be respectful of the legislature as well.含羞草研究社�

Pointing to two current Section 7 agreements with the Tahltan Nation in northwestern B.C., Cullen said these agreements 含羞草研究社済reatly含羞草研究社� enhance the predictability of permits and the ability to raise money, because the fear of litigation or conflict 含羞草研究社済o way down.含羞草研究社�

Cullen said he has spoken to at least one company, who wants to strike an agreement like it now.

含羞草研究社淐apital likes to reduce their risk and this dramatically reduces that risk, while at the same time not affecting the existing access to land of all British Columbians,含羞草研究社� he said. 含羞草研究社淚t doesn含羞草研究社檛 affect the 40,000 permits that they we have, it doesn含羞草研究社檛 affect renewals.含羞草研究社�

Cullen also questioned claims that the agreements bypass the legislature.

含羞草研究社淚f we look at the two examples that we have, the ability to land these agreements requires us to get a mandate from cabinet with an exhaustive consultation process,含羞草研究社� he said.

含羞草研究社淚t requires first of all to have an alignment between the provincial interest, the First Nation, and those cases, the mining company. Then we get a mandate to negotiate, then we do an exhaustive consultation process, then we go back to cabinet to confirm the agreement and the agreement connects the First Nation to the (provincial) government and elevates us both to the same legal standard of judicial oversight and administrative fairness.含羞草研究社�

When it was pointed out that cabinet is not the legislature, Cullen said the ability to sign these agreements are part of DRIPA, which 含羞草研究社渦nanimously含羞草研究社� passed the legislature before becoming provincial law in November 2019.

含羞草研究社淭he legislature said, acts of B.C. would have to be changed,含羞草研究社� he said. 含羞草研究社淲e have done it five times already. I didn含羞草研究社檛 hear the outcry when we did this to forestry and child and family and emergency acts.含羞草研究社�