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B.C. presses pause on Indigenous-related changes to the Land Act

Lands Minister Nathan Cullen says more consultation needed in the wake of growign conflict
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B.C.含羞草研究社檚 Minister of Water, Land and Resource Stewardship Nathan Cullen, here seen in 2022, said it is time to press the pause on proposed amendments to the Land Act. He did not say when government, assuming its re-election, would return to the issue following months of concerns about the substance and process of consultations leading up to amendments. (Thom Barker photo)

The provincial government won含羞草研究社檛 go ahead with changes to the law governing about 95 per cent of provincial land during the current session of the legislature.

B.C.含羞草研究社檚 Minister of Water, Land and Resource Stewardship Nathan Cullen announced Wednesday (Feb. 21) that his government won含羞草研究社檛 bring forward amendments to the Land Act, citing the need for more consultation following months of conflict.

The decision comes after widespread concern from legal scholars, political opposition, interest groups and private citizens about the consultation process, which had opened in early January and would have concluded on March 31. Several voices accused government of secrecy.

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 province 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 Cullen said the government was seeking to bring the Land Act in line, as it had already with five other pieces of legislation.

Proponents said the amendments would have fulfilled constitutional obligations and created certainty for the resource sector. But critics accused government of downplaying the consultation to avoid attention and planning to give First Nations veto power over land decisions, something Cullen denied on multiple occasions.

He said Wednesday that legislative support for DRIPA was unanimous and that legislators 含羞草研究社 including those opposed to the amendments now 含羞草研究社 knew back then what their vote meant.

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含羞草研究社淏ut this touched a nerve and a moment in time that we now recognize,含羞草研究社 Cullen said at a hastily arranged news conference at the legislature. 含羞草研究社淭he responsible thing for government to do is listen.含羞草研究社

Cullen also used the occasion to criticize parts of the political opposition, referring to anti-Aboriginal comments and sentiments.

含羞草研究社淭he dog whistle politics was abhorrent and I hope it stops,含羞草研究社 Cullen said.

When asked why he was talking about the opposition rather than what many considered a botched public consultation, Cullen said he took public responsibility.

含羞草研究社淚含羞草研究社檒l do it again here today,含羞草研究社 he said.

Cullen did not say when government 含羞草研究社 assuming re-election in the fall 含羞草研究社 would return to the issue.

含羞草研究社淚 think it has to come in that broader conversation that we are having,含羞草研究社 he said.

BC United MLA Peter Milobar said government is not going ahead with the amendments because they are proving to be unpopular, pointing to town halls organized by his party as evidence.

含羞草研究社淚 have been out in the field, holding town halls. We have been hearing directly from literally thousands of British Columbians,含羞草研究社 Milobar. 含羞草研究社淭hey have very much shown their cards what they want to do. (In) my opinion, they are simply trying to remove this as an issue from the election, so they can just implement after an election if they were successful.含羞草研究社

Milobar promised that his party would keep issue alive in the public含羞草研究社檚 mind.

BC House Leader Adam Olsen, a member of the Tsartlip First Nation, said government含羞草研究社檚 decision was disappointing.

含羞草研究社淭hat含羞草研究社檚 a very curious decision to me,含羞草研究社 he said.

But even as he accused government of 含羞草研究社渉orrible timing含羞草研究社 and cited the proposed amendments as a case of the NDP government trying to use its majority to push something over the finish line without proper debate, he was also critical of BC United and the Conservative Party of BC.

含羞草研究社淲e saw members of the opposition exploit that in a despicable way, frankly, and it含羞草研究社檚 infuriating,含羞草研究社 he said. 含羞草研究社淭he reality is that that the provincial government, the BC-NDP opened the door and then the opposition parties含羞草研究社hased each other to the lowest part of the sludge,含羞草研究社 he said.

Olsen said he experienced this first-hand, while calling it out on social media.

含羞草研究社淭he phone calls I was getting, the emails we were getting, were very, very hard to stomach,含羞草研究社 he said. 含羞草研究社(It) was very clear what happened was that Indigenous people were put in the middle of a political fight and it was not necessary for Indigenous people to put there.含羞草研究社

Olsen predicted that it will take a long time to repair the damage and framed the dispute as a larger, historical conflict.

含羞草研究社淚t含羞草研究社檚 important to acknowledge that conflict over land is not a moment in time,含羞草研究社 he said. 含羞草研究社淚t含羞草研究社檚 the entire time that this province has existed. There has been a conflict over land that goes right back to before we were a province. It needed to brought to forward in that context. It needed to brought forward with that sensitivity at the heart of it.含羞草研究社



Wolf Depner

About the Author: Wolf Depner

I joined the national team with Black Press Media in 2023 from the Peninsula News Review, where I had reported on Vancouver Island's Saanich Peninsula since 2019.
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