A Ktunaxa Nation community in the southeast corner of B.C. is demanding the immediate withdrawal of a pair of provincial government bills that will give Crown decision makers the ability to override First Nations obligations.
ʔaq̓am community leadership is adding its voice in opposition to both Bill 14 (Streamlined Permitting) and Bill 15 (Infrastructure Projects Act), which would "provide the provincial government with extraordinary, centralized powers, including to sidestep legally required consultation and cooperation with First Nation Title and Rights holders, and bypass processes intended to provide environmental and social protections."
According to a new release issued by ʔaq̓am chief and council, the bills are "wholly regressive of decades of work we have done in B.C. to build strong government-to-government relations "as well as ensuring high environmental standards are met in managing land, water, and resources.
“Bills 14 and 15 were developed with no meaningful consultation with First Nations,” said Cheryl Casimer, Nasuʔkin (Chief) of ʔaq̓am. “The implications of these Bills are profoundly far reaching and, if passed, would pose a serious risk of significantly impacting the lands, waters and resources that we have a responsibility to steward within our homelands. It is a direct threat to our sovereignty.”
Bill 15 in particular has drawn opposition from the Union of B.C. Indian Chiefs (UBCIC), as president Grand Chief Stewart Phillip reiterated there was no meaningful consultation and co-operation with First Nations.
"While we support the Province taking action to counter Trump’s erratic behaviour, such action must be principled, respect First Nations’ basic human rights, and be done in consultation and cooperation with First Nations," said Stewart. "We are deeply alarmed by the Province’s continued backsliding on reconciliation.”
ʔaq̓am and fellow Ktunaxa Nations point to relationships built with the province and industry over the last decade to ensure oversight and management of impacts stemming from several current and proposed open pit coal mines in the Elk Valley.
The proposed bills could potentially undermine that work and raise concern about alignment with the Declaration on the Rights of Indigenous Peoples Act, which was passed into law in the legislature six years ago.
“The Declaration Act is a key part of a principled framework for the Province of British Columbia and First Nations to navigate and effect true reconciliation. This Bill presents a different process that sets us back decades and has the potential for months or even years of conflict,” said Nasuʔkin Casimer. “While the Premier’s recent public statements suggest projects won’t proceed without affected First Nations’ consent, that is not expressed anywhere in the draft legislation.
"A 'trust us' model does not work and the province needs to implement its Interim Approach with respect to this proposed legislation to ensure it aligns with the United Nations Declaration on the Rights of Indigenous Peoples, as per its legal commitments.”