How the election could change B.C.'s course on reconciliation
Chad Pawson | CBC News | Posted: September 30, 2024 12:00 PM | Last Updated: October 1
B.C. Conservatives cast doubt on B.C.'s commitment to realize UN declaration
Indigenous leaders in B.C. are hoping the pace of reconciliation continues following the provincial election, but there is concern that current politics could stall or reverse the province's path of righting historical wrongs with its First Nations people.
The election pits the B.C. NDP and its seven-year record on reconciliation against the B.C. Conservative Party under John Rustad, a former minister of Aboriginal relations and reconciliation, who has different ideas.
"Without question, the Indigenous, First Nations people in British Columbia would like to see continuity," said Grand Chief Stewart Phillip with the Union of B.C. Indian Chiefs. "We've made amazing progress over the last number of years."
Phillip, whose wife Joan Phillip is seeking re-election in Vancouver with the B.C. NDP, isn't alone in worrying that the race is creating a wedge issue over reversing the wrongs of the province's colonial past, which includes residential schools and unceded territory.
"We find it absolutely disturbing," said Phillip of the nations' fear that Rustad would seek changes around the province's Declaration on the Rights of Indigenous Peoples Act (DRIPA) if he were to form government.
"[It would] totally destroy all the progress we've made in the last several years."
WATCH | B.C. political leaders lay out plans for reconciliation in the province:
B.C. is unique in Canada, from enacting its own law (DRIPA) to legally implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
It is meant to ensure minimum standards for Indigenous peoples' survival, dignity, and well-being.
B.C.'s outgoing minister of Indigenous relations and reconciliation, Murray Rankin, who is not seeking re-election, is proud of the act, which was passed with unanimous support in 2019.
He said it ensures B.C.'s commitment to the UN declaration is not just words.
"I think we've been able to make some progress," said Rankin. "We've moved the dial a little bit, but clearly, there's way more to do."
The act requires annual reports, with the latest saying progress is being made on 60 of the 89 actions it calls for. That's up from progress made on 32 actions the previous year.
"Reconciliation is a provincial imperative, embedded in law, and there is real progress and change," the government said in a statement on Sept. 20 that listed its achievements.
Actions include treaty and reconciliation agreements with dozens of nations, advancement in government-to-government relationships, financing for economic development in First Nation communities, along with help for residential school survivors, and expanded housing and health care.
B.C's political parties recognize this important work, but the election is introducing a difference of opinion over how to do it.
Despite affirming in the B.C. Legislature his support for historic agreements, such as the recognition of Indigenous title in Haida Gwaii; Rustad is questioning how it could infringe on the rights of private property owners.
"Title on Haida Gwaii will now exist underneath your private property, underneath your communities," Rustad told local elected leaders at the annual Union of B.C. Municipalities in Vancouver on Sept. 20.
"Haida law will be able to make decisions about taxation and what you can and can't do, which could override your right as a community to be able to make decisions."
WATCH | What having the stewardship of its lands means for the future of Haida Gwaii:
In party materials from February, Rustad said B.C. should repeal the 2018 United Nations Declaration of Rights of Indigenous Peoples because adhering to it limits B.C.'s economic prosperity.
The B.C. Assembly of First Nations said it believes Rustad is referring to B.C.'s DRIPA legislation, as the province would not have jurisdiction to repeal the international declaration.
On Sept. 30, National Day for Truth and Reconciliation, the party put out another statement, which said it would honour UNDRIP, "as it was intended: not as an obstacle to development, but as a guiding principle for recognizing Indigenous rights and aspirations."
On Oct. 1, at an unrelated news conference, Rustad confirmed his statement and said a government under his leadership would look at replacing DRIPA in favour of "legislation that makes more sense for people in British Columbia." because it was "creating barriers or friction."
Rustad said he plans to focus on "economic reconciliation," leaning into his time as Indigenous affairs minister 10 years ago to continue with agreements with First Nations that focus on resource development in territories.
"Through this economic reconciliation, we saw First Nations communities rise up from impoverished conditions and truly begin to thrive," he has said.
WATCH | CBC News explains how the B.C. election could shape the future of reconciliation:
Jonathan Sas, senior adviser to the B.C. NDP minister of Indigenous relations and reconciliation between 2017 and 2019, wrote in an opinion piece in The Tyee this month that Rustad has a "duplicitous" approach to Indigenous rights and that his path would be regressive.
Rustad is also being called out over misinformation, as the Haida agreement, according to its signatories, does not apply to private property rights and existing government services and infrastructure on Haida Gwaii.
"I am very upset. I'm very worried that he would use that as a way to divide British Columbia at a time when we need to move forward together in a good way to create prosperity for all," said Rankin.
Both the B.C. NDP and the B.C. Green Party say they are committed to staying the course.
They worry any changes could return the province to the courts, to spend hundreds of millions of dollars on lawsuits over title fights. Decisions have repeatedly favoured nations.
"Any politician who suggests that they can ignore that direction and take us backward, he is wrong," said Sonia Furstenau, the leader of the B.C. Green Party. "We can't."
'Healing journey'
The political back and forth is creating uncertainty for nations trying to work in their communities to make life better for their members.
"It's a balance of the economy, and it's a balance of holding up our culture, our language, our ceremony and how we're dealing with this healing journey as Indigenous communities in this non-Indigenous world," said Williams Lake First Nations Chief Willie Sellars.
He said his nation has benefited from provincial support tied to reconciliation over governance, investigations into 93 anomalies found at St. Joseph's Mission residential school site and economic diversity development through cannabis projects.
Sellars wants this to continue and is willing to work with any politician willing to partner as equals, free from political rhetoric.
"We can only hope that whether it's the NDP or the Conservatives or it's the Green party, they're going to continue to have that conversation to hold us up and sit at our tables and allow us to be part of that education with them."