The British Columbia government has reversed its decision to introduce shared decision-making with First Nations about the use of public land, which was part of the province’s effort to bring its laws in line with the United Nations Declaration on the Rights of Indigenous Peoples. Nathan Cullen, B.C.’s minister of water, land, and resource stewardship, has announced that the province will not proceed with the proposed amendments to the Land Act following discussions with stakeholders. Despite having spoken with more than 650 individuals representing various sectors, the province will not be moving forward with the changes. Mr. Cullen stated that they will take the time to further engage with people and demonstrate the real benefits of shared decision-making in action. He also addressed the misleading information about the changes and emphasized the province’s commitment to getting things right and moving forward together.
The plan to introduce shared decision-making with First Nations regarding the use of public land has elicited strong reactions. BC United leader Kevin Falcon has expressed opposition to granting veto power to a small portion of the population affecting a majority of public land. B.C. Conservative Leader John Rustad has also criticized the plan as an assault on private property rights. Additionally, the Union of B.C. Indian Chiefs has expressed concerns about the reactions to the government’s proposal, stating that the changes would not have provided veto power to First Nations but rather create an opportunity for the implementation of their governance rights related to land and resource development in their territories.
The plan was intended to align the provincial laws with the UN Declaration on the Rights of Indigenous Peoples, which requires obtaining free, prior, and informed consent from Indigenous Peoples before taking actions that affect them and their lands. While the duty to consult has been established by the Supreme Court of Canada, this does not equate to the standard of free, prior and informed consent. The province’s legislation set provisions for negotiating consent-based decision-making agreements with First Nations in their territories. Despite the strong support received for the proposed changes, the British Columbia government has chosen to reverse them and refocus its efforts on engaging with stakeholders and the public.