by Harvey Oberfeld

Keeping It Real…

September 23, 2024

Many of the issues getting attention this election … housing, health, crime, carbon taxes etc … can hopefully be solved over time, with judicious efforts, policy changes and better funding.

But there’s one issue that should get a lot more attention, because it could have FOREVER consequences for current and future generations of British Columbians: that is, who decides what happens to Crown lands in the province.

A proposal drawn up by the NDP government’s Ministry of Water, Land and Resource Stewardship last Fall would change the way Land Act decisions are made in BC.

Right now, there are provisions for consultation processes with local communities, stake holders, First Nations, but the FINAL decisions on use/disposal/development of Crown Lands lies with the Legislature …ie. the government.

However, under an NDP “Proposal to enable Land Act decisions to be made with Indigenous Governing Bodies” the Legislature would EQUALLY SHARE final decision-making powers on Crown-owned lands with First Nations.

Ridiculous! Dangerous! Undemocratic!

Yielding ANY say/control to ANY group or body not elected directed by ALL the people of BC under our Parliamentary system would open the door to veto powers, shakedowns and even potential blackmail by one specific group of people, in this case, the First Nations.

“This is a huge change that would have significant impacts on Crown public lands here in British Columbia,” Surrey-Cloverdale Conservative candidate Elenore Sturko warned Thursday.

“It’s really giving decision-making power over the use of public lands in British Columbia to an entity that isn’t accountable to the electorate,” Sturko told Global TV’s Paul Johnson.

She’s right.

Premier David Eby, when asked about the NDP policy paper, denounced the Conservatives for “advancing conspiracy theories”.

He’s wrong.

As Johnson pointed out, the NDP ministry document is not just a conspiracy theory; it’s a real document … 10 pages long, drawn up by the Lands ministry last Fall.

It not only exists on paper, but has already been presented privately to resource industry officials earlier this year.

“The purpose: to seek input on a proposal to enable the implementation of the Declaration on the Rights of Indigenous Peoples Act agreements with Indigenous Governing Bodies for Land Act decisions,” the draft policy states.

Global’s story not only showed the document, it zeroed in on the relevant passages that have raised serious concerns.

Proposed amendments to the Land Act would allow First Nations “to share decision-making about public land use where mandated” and “ensure agreements have the force of law”.

That’s more than just a “conspiracy theory”!

Blogger Bob Mackin also reprinted the document on his “TheBreakerNews” website Friday: https://thebreaker.news/news/first-nations-land-management/.

It’s an issue at least worth considerable public consideration, discussion, debate!

Yet, Eby seemed to suggest it’s already a “done” matter.

“Bringing that approach to our relationship with Indigenous people, and the fact and the reality that Indigenous people have rights protected under the constitution of Canada, that they have repeatedly, successfully asserted in court, and that we have to work in partnership together going forward, bringing that conspiracy theory approach to say things that simply are not correct is not helpful,” Mackin quotes Eby as saying.

Eby is wrong again.

The Courts have ruled that First Nations must be consulted and governments have a responsibility to work in partnership, in certain instances.

That’s a hell of a lot different than legislating EQUAL or VETO powers for Indigenous bands in ALL decisions regarding ALL Crown lands!

In fact, the NDP had planned to pass Land Act amendments during last spring’s sitting of the Legislature, but on Feb. 21, Lands Minister Nathan Cullen “shelved the proposal, admitting it was contentious”, Mackin reported.

Too hot for a pre-election announcement? Just do it … if the NDP get-re-elected?

This really is … or should be … a big issue … because it will have FOREVER implications for BC, if adopted.

Conservative Leader John Rustad was very clear on the issue Saturday:

“The government of British Columbia needs to retain being the final decision-maker on behalf of all British Columbians.”

Rustad said BC must work with First Nations to address title, but not give up or share the power to decide the future of Crown lands.

I agree.

Harv Oberfeld

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