West Vancouver-Sea to Sky MLA Jordan Sturdy says he expects the NDP government to bring its Land Act amendments back after the October election, despite putting them on ice in late February.
“If they get re-elected, then they’ll just move on. I don’t see them changing track,” said Sturdy in an interview with Pique.
The Land Act amendments being considered by the Ministry of Water, Land and Resource Stewardship were presented as enabling Land Act decisions to be made with Indigenous governing bodies as part of the process.
They were intended to bring the Land Act in line with the province’s Declaration Act, which works as a framework for implementing the UN’s Declaration on the Rights of Indigenous Peoples and allows the province to give Indigenous Bodies a formal role in decision making on Land Act matters under certain circumstances. The province is already legally required to consult with First Nations on Land Act matters.
The government minister responsible, Nathan Cullen, accused opponents of the amendments of sowing misinformation when he released a statement in February.
“Some figures have gone to extremes to knowingly mislead the public about what the proposed legislation would do. They have sought to divide communities and spread hurt and distrust. They wish to cling to an approach that leads only to the division, court battles and uncertainty that have held us back,” he said.
BC United campaigned hard against the proposed changes, calling them “secretive” and accusing the provincial government of not engaging widely on the changes.
Sturdy said a lack of information from the government on what the changes were made the entire process difficult to understand or trust.
“We don’t actually know what was in it, because they didn’t share that,” he said. “We don’t know what was in the legislation, so it’s pretty hard to make solid comment.”
The proposed changes came to public attention early in January after being posted to the government's engagement website, with no media releases—and Sturdy said that was suspect already, as typically there are six to eight press releases per day from the government's various ministries.
“Given the government's love of press releases and announcements, and if this was an important thing, you’d think it would be made public,” he said. “They’re clearly trying to do something.”
Sturdy said the idea of joint decision-making doesn’t sit well, saying he believes responsibility—and accountability—for decisions must sit with the provincial government.
“We should be managing land in British Columbia on behalf of all British Columbians, and it's important that ultimately the government takes responsibility for those decisions… and nobody should have a veto,” he said.
“I also believe somebody has to be held accountable, and that has to fall to the government in my mind. Might not like the decision, but the decision lies there.”
Despite Minister Cullen and the government formally putting the amendments on ice, Sturdy said voters should expect them back after October should the NDP be re-elected.
“I would bet on it,” he said.
He added the changes to the act do not appear needed, as the current legislation requires consultation, and without proper consultation any decisions made can be challenged in court.
“This is over and above,” Sturdy added.
He also challenged the idea the changes could open up more opportunities for Indigenous governing bodies as a one-size-fits-all approach, pointing to the record of the BC Liberals in their time in government.
“We signed some 700 agreements over 15 years with First Nations for joint economic development and social improvement for all sorts of reasons, and they’re all very specific. Where I am coming from here is, to such a large degree, these agreements are effective, but they’re also site-specific,” he said.
“In many respects it's worthwhile to have agreements and discussions and support that are commensurate with the challenges that communities face.”
Despite blaming opposition to the process in halting any proposed changes, Minister Cullen also acknowledged the government needs to take time to engage further and demonstrate the benefits of shared decision-making.
“We want to get this right and move forward together … For that reason, our government has decided not to proceed with proposed amendments to the Land Act,” he said.
“We will continue to engage with people and businesses, and do the work to show how working together, First Nations and non-First Nations, can help bring stability and predictability, and move us all forward.”
