It was an “unfortunate yet avoidable moment in the history of British Columbia,” according to Robert Phillips with the First Nations Summit.
On Thursday, the province faced a barrage of criticism as leaders representing municipalities and First Nations communities across B.C. joined forces to call on Premier David Eby to withdraw Bill 15 and other recent legislation aimed at fast-tracking development projects.
“When we have threats like the Trump tariffs, or the possible trade war with the United States, [we] should be working together,” Phillips said. “These lands and resources are on First Nations’ Aboriginal title and treaty lands.
“Our Chiefs are frustrated, they're upset, and they feel betrayed. At one swipe of the pen, the premier can cut all of this off to the fall, and that's what we're calling for — to kill the bill.”
Phillips was joined at the press conference by representatives from the Union of BC Municipalities, the Union of BC Indian Chiefs and the BC Assembly of First Nations, all of them strongly opposing what Phillips described as a “suite of bills” they said would circumvent community consultation, lead to court challenges and undo decades of work on reconciliation.
Bill 15, the Infrastructure Projects Act, was tabled earlier this month, passed its second reading on May 13, and is due to have its third reading and become law by early next week.
The bill would streamline the approval of major infrastructure projects, including mines, and has been criticized for granting sweeping powers to fast-track projects designated “provincially significant.”
In its May 1 statement announcing the legislation, the province said criteria for designating projects as provincially significant were still under development and would be released “in the coming weeks.” The Tyee requested an update on the criteria’s release Thursday but the province responded that “no new information is available currently.”
Bill 15 was introduced under the province’s new Ministry of Infrastructure, which was created following the November election in order to better co-ordinate the building of schools, hospitals and “other infrastructure to support growing communities.”
In announcing the bill, Eby said it would be used to counter the effects of U.S. President Donald Trump’s tariffs by creating “more good-paying jobs” and critical infrastructure projects.
In recent months the ministry has announced a number of new construction projects, including child-care spaces, expanded health-care facilities and student housing.
While Eby said the province won’t use Bill 15 to expedite “controversial” projects such as pipelines or LNG facilities, experts recently told The Tyee that the open-ended nature of the legislation would hand unchecked decision-making powers over to present and future governments.
The legislation also faces opposition from both the BC Green Party and the Conservative Party of BC.
While Bill 15 was the focus of Thursday’s press conference, those who spoke also touched on other recent legislation meant to streamline development. That includes Bill 13, the Miscellaneous Statutes Amendment Act, and Bill 14, the Renewable Energy Projects (Streamlined Permitting) Act. Both were tabled in late April.
Union of BC Municipalities president Trish Mandewo said the process leading to the drafting of Bill 15 was rushed and did not include meaningful consultation with the UBCM or local governments.
She said it represents a pattern of decision-making being removed from communities and centralized in Victoria.
“A fast-tracked approach that skips over consultation is more likely to lead to problems down the road,” she said, adding that the bill would give cabinet “extraordinary powers” to override local government regulations like official city plans, zoning bylaw amendments and subdivision approvals.
That could raise liability issues for local governments, she said.
“In rushing the legislation through quickly and by standing behind it so aggressively, the province has failed to generate support and trust from local governments and from First Nations,” she said. “I believe that this bill is eroding public trust.”
In September, the UBCM signed an agreement with the BC Assembly of First Nations, the Union of BC Indian Chiefs and the First Nations Summit to promote collaboration and address common challenges. Mandewo said the time had come to join forces with First Nations.
“We have a common challenge before us right now and I am grateful for the collaboration we are seeing from the First Nations Leadership Council,” she said.
BC Assembly of First Nations Regional Chief Terry Teegee said Bill 15 “falls against the commitment towards reconciliation” and does not live up to B.C.’s commitments under the Declaration on the Rights of Indigenous Peoples Act, legislation passed by the province in 2019.
He said the bill “overreaches” and is “meant to fast-track projects that potentially could be contentious.”
During the press conference, First Nations leaders repeatedly pointed to Mount Polley, a gold and copper mine located about 50 kilometres northeast of Williams Lake and the site of a tailings dam collapse in 2014 that Teegee described as among the “worst disasters in Canadian history.”
In March, the B.C. government granted Mount Polley owner Imperial Metals approval to raise the mine’s tailings dam, making way for future mine expansion, despite opposition from the local Xatśūll First Nation.
The nation filed a notice of application against Mount Polley and the provincial government, including the ministers of mining and critical minerals and environment and parks, in April. The application asked the court to issue an injunction to stop construction that is already underway to raise the mine’s tailings dam by four metres.
During a May 8 court appearance, the parties agreed Mount Polley could continue construction as long as the increased tailings capacity was not used until the nation’s concerns are heard by the court in late June.
Teegee said it’s an example of how provincial decisions made without meaningful consultation can lead to litigation.
“Certainly, we're not against the development of hospitals and schools. However, First Nations and other local governments need more consultation... in terms of how decisions are made within our traditional territories,” he said.
The Union of BC Indian Chiefs’ Grand Chief Stewart Phillip said bills 14 and 15 are in “complete conflict with DRIPA” and accused the premier of breaking B.C. laws.
“We believed that we were finally on the road to genuine reconciliation,” he said about the passing of the Declaration on the Rights of Indigenous Peoples Act more than five years ago. “Clearly, that has not proven to be the case with these bills, and they must be withdrawn.”
When asked by media about how he and his wife, Joan Phillip, an NDP MLA representing Vancouver-Strathcona who has supported the bill in the legislature, were managing their opposing roles, Phillip said, “Welcome to B.C. politics.”
“I can say personally we’ve had a few interesting discussions in the living room over this one. That’s the way it is,” he said, adding that it’s a dynamic the couple has been managing “for almost 48 years,” including at one time being thrown in jail for standing up for Indigenous rights.
“I think we’ll survive this one. I have the greatest respect for my wife,” Phillip said.
The legislature is on a break this week but will resume sitting on Monday. With a time allocation motion passed for Bill 15, a final vote must occur by next Wednesday, May 28, at 8 p.m., First Nations Summit co-chair Leah George Wilson said.
Read more: Indigenous, BC Politics
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