First Nations 'unified' against bills pushed by B.C. NDP, citing overreach and inadequate consultation

Premier David Eby is not backing down from two controversial laws that will fast-track infrastructure projects and clean energy projects across BC, despite a tense meeting with First Nations leaders Thursday, where he was urged to "kill" the bills.

The Infrastructure Projects Act, also known as Bill 15, has come under fire for a lack of consultation with Indigenous leaders and the potential impact on Indigenous rights. 

If passed, it would allow the province to expedite approval processes to build infrastructure across the province, including schools, hospitals, and bridges. It would also extend this to private projects that are deemed "provincially significant,"  which could include projects such as critical mineral mines.

Despite the wide-reaching impacts, both Eby and Infrastructure Minister Bowinn Ma admitted they did not consult with First Nations groups. 

First Nations leaders say the broad legislation, which one chief called "a gold rush that opens anyone up for business," gives B.C. leeway to steamroll First Nations rights and environmental protections.

Concerns have also been raised around another bill — Bill 14, the Renewable Energy Projects (Streamlined Permitting) Act – which would speed up the approval of clean energy projects.

Chiefs convene emergency meeting

Tsartlip Chief Don Tom said First Nations chiefs convened an emergency meeting on Thursday to share their concerns over Bills 15 and 14 with Eby. 

"Chiefs were unified in our opposition in demanding that bills 14 and 15 be withdrawn immediately," he said.

Tom says the government is breaking its own law under the Declaration of the Rights of Indigenous Peoples.

"It continues to be a power grab, unconstitutional, and First Nations are going to use every legal means to kill the bill."

When asked if the government will kill the bill, Eby said no, according to Tom.

"The Province is saying 'trust us' and that they won't misuse the unfettered power these Bills provide,"  wrote Grand Chief Stewart Phillip, UBCIC president, in a statement released after the meeting. 

"However, considering the Bills were created without consultation and cooperation and that the Province continues to refuse any amendments, it is unclear what this trust would be based on."

Eby maintains the bill does not mean the government will skip over First Nations consultation. In fact, he said many First Nations have expressed frustration that resource projects aren't happening fast enough, and this bill responds to that. 

"I understand the suspicion, I understand the anxiety, but I think we'll be able to demonstrate through the use of this bill that actually we are meeting the demands of mayors, the demands of First Nations to accelerate projects that they support and working with them on that," he said.

Following the meeting, he said in a statement that a private project would not be expedited by this proposed legislation "without the consent of the Nation whose core territory the private project is on."

"The way to move forward faster is through partnership with First Nations — and that's what my government is committed to doing," he said.

Time-limited debate undemocratic, says Rustad

Opposition parties say the government intends to force through these bills — and others left awaiting royal assent — with limited time for debate. 

"The approach is very undemocratic," Conservative Leader John Rustad said.

"They obviously do not respect this legislature … they think that they have all the answers and that they should just be given a blank cheque to be able to do anything."

Eby says the province needs to move quickly in order to boost B.C.'s economy and reduce our reliance on the United States in the face of the ongoing trade war. 

Union of B.C. Municipalities president Trish Mandewo said that if the bill is passed in its current form, she anticipates "a lot of unintended consequences." 

The province would have the power to override municipalities and their official community plans, which she says could mean that projects could be put in places that don't have proper water, sewer, or other key service capacity. 

Mandewo would like to see the bill paused until further consultation and clarification can be done.

"When the government takes steps like this and when they overreach like this, it actually erodes away the trust," she said.

On Wednesday, Ma, B.C.'s minister of infrastructure, said in a committee meeting that "we made an error" in how the province undertook its consultation with First Nations on the bill.

"I want to acknowledge what the member is raising here and certainly acknowledge that we did not have the time to consult on this," said Ma. 

However, she appeared to backtrack from labelling it an error when asked by reporters —  and would not say whether the province is considering amending or pausing the bill based on the backlash from First Nations leaders. 

Ma invited municipal leaders to a virtual meeting about Bill 15 on Friday, where the UBCM said she would answer questions on the bill.

The B.C. Greens say they won't support Bill 14 or 15. That means with its narrow one-seat majority, the NDP will have to use the Speaker to break a tie if all opposition MLAs line up against it.