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B.C. to be first to implement UN Indigenous rights declaration

No veto in B.C. legislation, minister Scott Fraser says
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Lekwungen dancers perform in the B.C. legislature before introduction of historic Indigenous rights legislation, Oct. 24, 2019. (Hansard TV)

The B.C. government is about to become the first in North America to begin formal recognition of the United Nations Declaration on the Rights of Indigenous People.

UNDRIP has become an international rallying cry for Indigenous people to leave behind colonial rule and achieve 鈥渇ree, prior and informed consent鈥 for resource development and other activity in their traditional territories.

Overlapping territorial claims dominate B.C., which unlike the rest of Canada is not subject to historic treaties. And the federal government is responsible for reserves that were established across the country, including B.C.

鈥淲e鈥檙e leading in Canada, in North America and the Western Hemisphere,鈥 B.C. Indigenous Relations Minister Scott Fraser said in an interview with Black Press.

鈥淚t鈥檚 one of the key recommendations in the Truth and Reconciliation Commission鈥檚 calls to action dealing with the aftermath of the residential school system, recognizing in law the rights of Indigenous peoples,鈥 Fraser said. 鈥淚t鈥檚 been described as generational. Reconciliation doesn鈥檛 have an end-date. That鈥檚 not what it鈥檚 about. Human rights are indigenous rights too.鈥

Fraser is emphatic about the suggestion that UNDRIP鈥檚 key phrase, 鈥渇ree, prior and informed consent,鈥 establishes a veto.

鈥淭here is no veto in the UN declaration and there is none contemplated in the legislation,鈥 he said.

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The province has already moved ahead with key aspects of UNDRIP, including changes to environmental assessment laws to incorporate Indigenous input, public school curriculum and changes to children and families laws that involve state intervention in child care.

The B.C. legislature is also debating a new law providing a share of B.C. Lottery Corp. gambling revenues to the more than 200 Indigenous communities in the province.

B.C. Liberal leader Andrew Wilkinson is skeptical about the NDP鈥檚 decision to pioneer the implementation of UNDRIP.

鈥淭he challenge for B.C. is we have 203 different first nations, many with overlapping claims to the landscape, and to aboriginal rights and title,鈥 Wilkinson said in an interview. 鈥淎nd that鈥檚 a slow process of reconciliation that made great progress under the B.C. Liberals with (former minister) John Rustad leading the way. And now we see the NDP backing off to a kind of theoretical UN-driven approach, and it will be a real challenge to see if that will work in B.C.鈥

Wilkinson, a lawyer who has also worked as a medical doctor in northern B.C., noted that B.C. has already ventured into funding on-reserve housing projects, which are federal jurisdiction.

鈥淚t鈥檚 debatable within the laws of Canada, given that section 35 of the Charter deals with aboriginal rights, and that the federal government has a fiduciary duty for aboriginal peoples and what are known as Indian reserves,鈥 Wilkinson said. 鈥淭he province has a totally different jurisdiction, but we have an NDP government that鈥檚 very keen to solve the world鈥檚 problems all by itself.鈥



tfletcher@blackpress.ca

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