Indigenous human rights recognized in B.C. law with new legislation
Press Release
Oct. 24, 2019
VICTORIA – Legislation introduced Oct. 24, 2019, creates a path forward to recognize and uphold the human rights of Indigenous peoples in B.C.
“Today’s legislation is a crucial step towards true and lasting reconciliation,” said Premier John Horgan. “With this new law, Indigenous peoples will be part of the decisions that affect them, their families and their territories. Together with Indigenous peoples, we’re going to build a better future with good jobs and opportunities for people, strong environmental protections and healthy communities that include everyone.”
If passed, the Declaration on the Rights of Indigenous Peoples Act will make British Columbia the first province to bring the internationally recognized standards of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) into provincial law.
“B.C. has made significant progress on reconciliation together with Indigenous peoples already, and we’ll continue to work together to build an even stronger, more inclusive and more just B.C. that will create a better future for everyone,” said Scott Fraser, Minister of Indigenous Relations and Reconciliation. “The legislation will create a path forward that upholds the human rights of Indigenous peoples, while creating more transparency and predictability in the work we do together. This is about ending discrimination and conflict in our province, and instead ensuring more economic justice and fairness.”
Developed in collaboration with the First Nations Leadership Council at the direction of First Nations, this legislation creates a framework for reconciliation in B.C., in keeping with the Calls to Action of the Truth and Reconciliation Commission.
“First Nations across B.C., Canada and the world are watching the introduction of this historic legislation. We are showing how the maturity and wisdom of our current leadership in this province, both Indigenous and non-Indigenous, can be a beacon for hope during these uncertain times,” said Regional Chief Terry Teegee, BC Assembly of First Nations. “I applaud Premier Horgan and his cabinet for their bravery and perseverance in moving this forward. Implementing the UN Declaration is a non-partisan move, and we have been waiting 12 long years for this. Businesses and investors will benefit from this as it creates certainty and predictability for projects in this province – British Columbians will benefit from job creation and First Nations will benefit by having a seat at the table. Mussi Cho to all British Columbians. We are finally moving forward together.”
Cheryl Casimer, First Nations Summit political executive, said, “The provincial government has a long history of denying the very existence and rights of Indigenous peoples. We are pleased that this changes today, and the Province of British Columbia is working with us in turning the page in our collective history and embarking on a new era and path for building a respectful and modern government-to-government relationship – a relationship built on recognition, respect, co-operation and partnership with a goal to improve the lives of our citizens and bring reconciliation to the forefront of society.”
Grand Chief Stewart Phillip, Union of BC Indian Chiefs, said, “Today is a good day. Without a doubt, this unifying bill represents an incredible step forward in Crown-Indigenous relations in the Province of British Columbia. We are incredibly proud of how far we’ve come together, and we eagerly anticipate next steps. This landmark bill is not only aspirational but includes tangible and practical tools for implementation. We hold up our hands to our ancestors and past leaders for paving the way for this critical work, and we look to our grandchildren, who will enjoy a more certain future.”
Over time as laws are modified or built, they will be aligned with the UN Declaration. Additional elements of the bill include:
- a requirement to develop an action plan to meet the objectives of the UN Declaration, in collaboration with Indigenous peoples;
- annual public reporting to monitor progress;
- discretion for new decision-making agreements between the Province and Indigenous governments where decisions directly affect Indigenous peoples and mechanisms exist in applicable legislation – with clear processes, administrative fairness and transparency; and
- recognition for additional forms of Indigenous governments in agreement-making, such as multiple Nations working together as a collective, or hereditary governments – as determined and recognized by the citizens of the Nation.
To support self-determination and self-government, the act will enable the Province to recognize other forms of Indigenous governments in addition to federal Indian Act bands, treaty Nations and incorporated bodies and societies. This also provides more clarity for businesses and communities about who to engage when working with Indigenous partners.
In 2017, every cabinet minister in the provincial government was tasked with a mandate to implement the UN Declaration and the Truth and Reconciliation Commission’s Calls to Action. A commitment to adopting the UN Declaration in B.C. is a component of the Confidence and Supply Agreement with the BC Green Party caucus.
Quick Facts:
- The First Nations Leadership Council is comprised of leadership from the BC Assembly of First Nations, First Nations Summit and Union of BC Indian Chiefs.
- The Truth and Reconciliation Commission called on all governments in Canada to fully adopt and implement the UN Declaration as a framework for reconciliation.
- The UN Declaration is a universal human rights instrument that includes 46 articles outlining the minimum standards for the survival, dignity and well-being of Indigenous peoples throughout the world. It has the support of 148 countries.
- Actions taken since 2017 in B.C. to implement the UN Declaration include:
- sharing $100 million annually in stable, long-term new revenues to support self-government and services that make life better for families in First Nations communities;
- committing $550 million over 10 years to support the construction of 1,750 affordable housing units for Indigenous peoples on- and off-reserve;
- dedicating $50 million to revitalize Indigenous languages;
- modernizing the environmental assessment process;
- amending child welfare laws to help keep Indigenous children with their families and communities;
- implementing a new K-12 curriculum that integrates Indigenous culture and history; and
- modernizing the treaty process to recognize the inherent rights of Indigenous peoples and align with the UN Declaration.
Learn More:
For a factsheet on the B.C. Declaration on the Rights of Indigenous Peoples Act, visit: https://news.gov.bc.ca/files/FS_Declaration-Legislation_24Oct19_FINAL.pdf
The legislation: https://declaration.gov.bc.ca
United Nations Declaration on the Rights of Indigenous Peoples: www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
Presentation from media briefing: http://news.gov.bc.ca/files/PPT_Media-Tech-Briefing.pdf
Translations:
To read the release in simplified Chinese, visit: http://news.gov.bc.ca/files/NR-UNDRIP-legislation_Chinese-Simplified.pdf
To read the release in traditional Chinese, visit: http://news.gov.bc.ca/files/NR-UNDRIP-legislation_Chinese-Traditional.pdf
To read the release in Punjabi, visit: https://news.gov.bc.ca/files/Punjabi-NR_UNDRIP%20legislation_FINAL.pdf
To read a backgrounder on what people are saying in Punjabi, visit: https://news.gov.bc.ca/files/Punjabi-BG_UNDRIP_legislation_What_people_are_saying_FINAL.pdf
A backgrounder follows.
Contacts:
Jen Holmwood
Deputy Communications Director
Press Secretary
Office of the Premier
250 818-4881
Jaime Sanchez
BC Assembly of First Nations
250 713-1129
Ellena Neel
Union of BC Indian Chiefs
778 866-0548
Sarah Plank
Director of Communications
Ministry of Indigenous Relations and Reconciliation
250 208-9621
Colin Braker
First Nations Summit
604 328-4094
BACKGROUNDER
What people are saying about the Declaration on the Rights of Indigenous Peoples Act
Adam Olsen, MLA for Saanich North and the Islands and Member of Tsartlip First Nation –
“The legislation introduced today is the result of decades of work and advocacy from Indigenous leaders in Canada. I raise my hands to them. We are now on a path of co-operation and collaboration unlike we have seen in the history of British Columbia. It is a path that creates certainty by avoiding the conflict that we face today. I am proud to be part of this parliament as we take this historic step recognizing the fundamental human rights of Indigenous peoples.”
Gitxsan Chief Glen Williams –
“My grandfather a Gitxsan high chief Lelt said to me in the ’80s, ‘You watch one day, our Gitxsan way of life, our traditional laws and lax yip (territories) will be enshrined in the white man’s laws (non-Indigenous laws). It will be a small faint light, then it will begin to glow and then it will glitter in their supreme law’. With B.C. legislating the UN Declaration, it will signal and provide opportunities for meaningful coexistence, true redress to be recognized as the proper rights holders, partnerships on the lax yip to jointly manage, plan and share the economic fruits.”
Greg D’Avignon, president and CEO, Business Council of British Columbia –
“The Business Council of British Columbia membership is optimistic for the long-term potential of B.C.’s UNDRIP legislation to advance meaningful reconciliation. In the spirit of collaboration, the implementation of the legislation must include engagement with business and their Indigenous partners and communities. Together we can collectively inform the work ahead building on the experience and success of the nearly 500 agreements formed over the last two decades between business and Indigenous peoples, many of which incorporate UNDRIP principles. Successful implementation will also require government support for nation building and capacity building to enable Indigenous peoples’ full participation in shared decision-making processes, while creating the needed clarity and greater certainty for businesses, investors and the people of B.C. as we pursue opportunity and prosperity together.”
Maja Tait, president, Union of British Columbia Municipalities –
“The Union of B.C. Municipalities welcomes legislation establishing a framework for reconciliation in British Columbia. Our membership supports the ongoing work of reconciliation both locally and provincially. We also recognize the need for all orders of government to be directly involved in collaborative processes when there are direct jurisdictional considerations. We look forward to reviewing the legislation and ascertaining the requirement for local government consultation and engaging with all parties to support this work.”
Kendra Johnston, president and CEO, Association for Mineral Exploration BC –
“Mineral explorers in B.C. are leaders in reconciliation, with many companies already employing practices that are aligned with the principles of UNDRIP. As one of the largest private-sector employers of Indigenous peoples in Canada, we are supportive of our First Nation partners and encourage fostering respectful relationships through early engagement. We look forward to working with government and Indigenous leaders on the implementation of UNDRIP principles to ensure clarity and certainty for all British Columbians.”
Khelsilem, Squamish Nation –
“Indigenous peoples’ struggle for Canadian governments to affirm and ratify Indigenous rights has been long and painful. But the new legislation on the rights of Indigenous peoples is a moment in our generation where we work together to create meaningful impact for all our communities. This is a historic moment in Canada brought together by generations of work.”
Geoff Plant, former attorney general of British Columbia, and former minister responsible for treaty negotiations (2001-05) –
“B.C.’s Declaration on the Rights of Indigenous Peoples Act is a profoundly important step on the road to reconciliation in B.C. It’s both a strong affirmation of Indigenous rights and a framework for ensuring that the work of making these rights meaningful ‘on the ground’ is done collaboratively, responsibly and transparently. I congratulate the government and everyone else who helped bring this initiative to fruition.”
Clara Morin Dal Col, President, Métis Nation British Columbia –
“The Métis Nation B.C. is pleased this government is fulfilling its commitment to introduce legislation implementing UNDRIP into provincial laws and policies. Our 20,000 citizens now look forward to seeing that commitment to UNDRIP demonstrated in the legislation itself, including formal recognition of our constitutional rights under Section 35.”
Susannah Pierce, director, corporate affairs, LNG Canada –
“LNG Canada supports the government’s effort to achieve reconciliation through the implementation of legislation in support of UNDRIP. LNG Canada welcomes legislation that will enhance transparency, creates greater certainty and ultimately delivers shared prosperity for indigenous communities in the province.”
David Kiemele, managing director, Cermaq –
“UNDRIP means many things: justice, equality, good governance, good faith and a rights-based approach. As a business in Canada, Cermaq has already adopted UNDRIP as a reconciliation framework and is applying it in our corporate policy. In Canada, there continues to be a need for sustainable development and the positive impact that can have in small rural and coastal communities. In Cermaq we have a very public commitment to respecting human rights, diversity and the opportunity for personal and community prosperity. Relationships must be healed and although we are still learning as a company, our hearts are fully committed.”
Chief Robert Joseph, Ambassador, Reconciliation Canada –
“The provincial government should be applauded for its extraordinary courage for taking this giant step for our society. This is one of the most significant human rights milestones achieved for Indigenous peoples by any government in the world. B.C. has set a legislative precedent that can guide the way forward for all provinces across this country as well as at the federal level for meaningful reconciliation and engagement.”
Maria Dobrinskaya, B.C. director, Broadbent Institute –
“This important bill takes a significant step forward in continuing to build upon the recognition and affirmation of Indigenous rights as outlined in Section 35 of the Canadian Constitution. The respectful, balanced, process-oriented approach in this legislation will provide certainty and opportunity in our province, to the benefit of all British Columbians.”
Laird Cronk, president, BC Federation of Labour –
“B.C.’s labour movement – and the half-a-million workers our affiliates represent in every corner of this province – know that Indigenous rights are human rights. For too long, those rights have been denied, forcing First Nations and communities into conflict. With the UN Declaration as its framework, this bill enables Indigenous communities to take on meaningful roles in decision-making and provides a just and equitable path for economic development that benefits all workers and communities in B.C.”
Josie Osborne, mayor, District of Tofino –
“All my experiences working in Indigenous communities and now being a leader in my own rural community confirm that the only path forward to prosperity and mutual benefit is one on which we walk together at every level – as individuals, as communities, and as governments. Codifying this commitment and providing a framework through legislation that implements the UN Declaration on the Rights of Indigenous Peoples is something I strongly believe in.”
Kennedy Stewart, mayor, City of Vancouver –
“This legislation is an important step forward to a brighter future for the province and for Indigenous peoples. As a City of Reconciliation, Vancouver has been working to strengthen relationships between the municipality, local First Nations and urban Indigenous peoples. The Province’s legislation will provide a supportive context for that work.”
Jennifer Preston, Indigenous rights co-ordinator, Canadian Friends Service Committee (Quakers) –
“Creating a legislative framework in British Columbia for the implementation of the UN Declaration on the Rights of Indigenous Peoples is vitally important for achieving reconciliation and safeguarding human rights. Supporting this effort is critical to ensuring Indigenous peoples’ rights are respected, as we move away from the legacy of colonization into a new reality.”
Mary Ellen Turpel-Lafond, Aki-kwe, professor of law and director, Indian Residential School History and Dialogue Centre, University of British Columbia –
“The new legislation to implement the United Nations Declaration in B.C. is an historic and fulsome response to the Calls to Action of the Truth and Reconciliation Commission. It brings clarity, stability and respect for the human rights of Indigenous peoples. I applaud this step and believe it will mark a positive turning point for justice and human rights in British Columbia.”
Charlene Higgins, CEO, First Nations Forestry Council –
“This historic legislation will provide Indigenous governments and organizations like ours with a much-needed tool to engage with the Province to make decisions together as partners that share a common interest in finding innovative approaches to sustainably manage our natural resources.”
Santa Ono, president and vice-chancellor, University of British Columbia –
“UBC is one of the first universities to explicitly express support for the UN Declaration on the Rights of Indigenous Peoples, and since Indigenous engagement is one of our top strategic priorities, we welcome legislative guidance on how to implement the UN Declaration, in practice.”
Roshan Danesh, strategic advisor on reconciliation and conflict resolution to First Nations, governments, industry, international organizations and the United Nations –
“This legislation does exactly what the Truth and Reconciliation Commission Calls to Action say must be done – adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as a ‘framework for reconciliation.’ Through the legislation, we will gain more coherence in how government and First Nations act, partner and invest in the work of reconciliation – and see increasingly tangible progress built through co-operation.”
Contacts:
Jen Holmwood
Deputy Communications Director
Press Secretary
Office of the Premier
250 818-4881
Jaime Sanchez
BC Assembly of First Nations
250 713-1129
Ellena Neel
Union of BC Indian Chiefs
778 866-0548
Sarah Plank
Director of Communications
Ministry of Indigenous Relations and Reconciliation
250 208-9621
Colin Braker
First Nations Summit
604 328-4094
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