Nathan Cullen, British Columbia’s Minister of Water, Land, and Resource Stewardship, recently made an announcement that First Nations will have joint decision-making authority over Crown land. The decision was part of his proposal to amend the B.C. Land Act to give legal effect to agreements with indigenous governing bodies and share decision-making power with some or all of the more than 200 First Nations in British Columbia.
However, there is now confusion regarding whether First Nations will have a veto over decisions involving Crown land. Cullen has denied this, stating that there is no veto in the amendments. He accused critics of fearmongering and misinformation and referred to it as an ‘element of dog-whistle politics.’ Nevertheless, any activity which requires consent can be vetoed by one party if denied.
The issue was further compounded by the passing of the Declaration of the Rights of Indigenous Peoples Act (DRIPA) in 2019 which requires the B.C. government to make the laws of British Columbia consistent with the United Nations Declaration on the Rights of Indigenous People (UNDRIP). The act obligates the government to have agreements with indigenous groups that establish joint decision-making or require the consent of the indigenous group.
The Land Act changes could mirror a previous arrangement by the shishalh Nation and the province, where a “Dock Management Plan” imposed new rules on private property owners and rendered many existing docks non-compliant.
Cullen’s claims were further debunked when he suggested that the decision-makers and First Nations will have the same standard of judicial review, and their decisions will be subject to challenge through applications or tendering processes. These statements contradicted the idea that a First Nations veto would not exist.
Public reaction to the proposals has been mixed.irteen years after the U.N. passed UNDRIP in 2007, concerns were expressed regarding the feasibility and enforceability of the act, which only gained attention after the B.C. legislature passed the DRIPA in 2019, obligating the government to give First Nations decision-making authority over crown land.