Libs' Failure to Consult First Nations Threatens BC Industries

[Editor's note: The Tyee received this unsolicited op-ed from BC NDP Aboriginal relations critic Doug Donaldson, and we publish it for your consideration.]

At the BC Liberals' recent natural resource forum in Prince George and at the Mineral Exploration Roundup in Vancouver, Premier Clark professed to understand "how the North is the economic driver of our province." New Democrats couldn't agree more.

However, the Liberal government's approach to Aboriginal title and consultation demonstrates it has no plan to create certainty in the North or build on opportunities.

A series of decisions made by the Liberals under Premier Clark does not support the goal of building trust with First Nations in the province and jeopardizes the positive benefits that could result from natural resource development projects on traditional territories.

Strong arm over olive branch

In forestry, in the Williams case in early December, the Liberals condoned government lawyers using inflammatory arguments against Tsilhqot'in Aboriginal title in front of the Supreme Court of Canada, rather than pursuing negotiations and real engagement on a government-to-government basis as previous court decisions encouraged. Using the adversarial court system in this manner is hardly the strategy to build trust with First Nations as a way to create certainty on the land base for future development projects.

In mining, B.C. ministers signed a shared decision-making agreement with the Tahltan in mid-April. Less than eight weeks later, the Clark government proceeded without any consultation to fast-track the environmental assessment process for a controversial open-pit coal mine proposal in the Sacred Headwaters area on Tahltan traditional territories. Such a destructive approach to shared decision-making led to confrontation on the land in August and tarnished B.C.'s reputation in the mining investment community.  It could have been avoided if the Liberals had lived up to their word on consultation.

In the planned liquefied natural gas industry, the Liberal government's relationship with First Nations is coming apart at the seams, introducing even more uncertainty on LNG development opportunities. 

Just last week the Wet'suwet'en First Nation's chief councillor warned the premier that time is running out for her government to consult in good faith on proposed liquefied natural gas development. The band wrote to the premier in August urging her to begin consultation, but more than four months later there has been no reply. This is no way to build trust with a band that is part of the First Nations Limited Partnership group which supports liquefied natural gas-related pipelines. Adding insult to injury, the Wet'suwet'en First Nation is located within the constituency represented by Aboriginal Relations and Reconciliation Minister John Rustad.

Right to be consulted

These are just a few examples of many that add up to a body of evidence that is widely known throughout First Nation communities regarding the Liberals' methods of dealing with consultation and Aboriginal title. It is not a trust-building exercise and First Nations, workers, northerners, investors and all of those living in B.C. are worse off for it.

First Nations around the province have shown a strong willingness to be part of natural resource development. But repeated Supreme Court decisions have made it clear that they have a right to be consulted on development on their traditional territories, and that governments have a duty to ensure that consultation takes place -- before work begins. The many failures of the Liberal government to appropriately consult with First Nations does little to support responsible economic development in British Columbia, resulting in a loss for all.