REUTERS: New law to give indigenous peoples more sway in Canada's British Columbia

(Reuters) - British Columbia passed a law that will give indigenous people more sway in matters affecting them, becoming the first Canadian province to formally adopt U.N. standards on the issue.

“It is time we recognize and safeguard indigenous peoples’ human rights, so that we may finally move away from conflict, drawn-out court cases and uncertainty, and move forward with collaboration and respect,” Scott Fraser, B.C.’s minister of indigenous relations, said in a joint statement with indigenous leaders who helped write the legislation - including the BC Assembly of First Nations, the Union of BC Indian Chiefs, and First Nations Summit.

B.C. on Tuesday became the first province in Canada here to legally commit to bringing its laws up to the standards outlined in the U.N. Declaration of the Rights of Indigenous Peoples (UNDRIP).

The statement from Fraser and others cautioned that this process will take time.

Prime Minister Justin Trudeau’s government attempted to pass a law that would commit Canada to UNDRIP’s standards during its first term in power, but the bill stalled due to criticisms that it would give indigenous groups a veto on future energy projects.

Both the Mining Association of British Columbia and the British Columbia Chamber of Commerce have endorsed B.C.’s bill.

The law could reduce uncertainty for major resource projects that are frequently hit by protests and litigation by requiring miners to obtain buy-in from indigenous communities before they seek provincial permits.

But there are also concerns it will hamper investment in mining and energy.

“It’s not a panacea, let me tell you that,” Russell Hallbauer, chief executive officer of Vancouver-based Taseko Mines Ltd told Reuters before the bill was passed.

The bill must now receive royal assent, and is expected to be formally passed into law before the legislature’s current session ends on Thursday.

British Columbia becomes 1st Canadian province to pass UN Indigenous rights declaration

British Columbia has become the first jurisdiction in Canada to pass legislation implementing the United Nations Declaration on Indigenous Peoples (UNDRIP).

The legislation, dubbed Bill 41, passed the committee stage and third reading at the B.C. legislature unanimously on Tuesday, to cheers and applause from MLAs on both sides of the house.

Keith Baldrey✔@keithbaldrey

Bill 41, the UNDRIP bill, has passed Third Reading, and is now "an Act." Huge applause and shouts by MLAs on ALL sides. Passed "without objection", or, in Latin "nemine contradicente". Historic moment. #bcpoli

READ MORE: B.C. becomes first province to implement UN Indigenous rights declaration

Earlier Tuesday, Indigenous leaders urged the opposition BC Liberals to support the bill, after it appeared to be stalled in committee.

The legislature is scheduled to end its current session on Thursday, and if the bill did not pass by then. it would have died on the order paper.

United Nations names 2019 the international year of Indigenous languages

The bill must receive Royal Assent, which is expected to take place Thursday, before coming into force.

However, its impact will not be felt immediately. The legislation is designed to ensure that all B.C. laws are consistent with the 46 articles of the UNDRIP, a process expected to take some time.

The legislation requires that Indigenous peoples are included in all decision making that impacts their rights.

It also calls for a government action plan on how the objectives of the declaration are being met, which will require annual reporting.

The legislation, which will apply to all existing and yet to be introduced legislation, was 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.

READ MORE: Indigenous issues largely absent from election campaign — why?

Among the most controversial provisions in the declaration is the requirement for all projects on Indigenous territories to receive consent from those communities.

Critics have warned that this provision could amount to a veto on resource projects.

Premier John Horgan has rejected that characterization, saying that the provision is instead an important tool to require conversations and consultation with Indigenous peoples about projects that will affect them.

CBC: UN Indigenous rights bill approved unanimously in B.C.

B.C. has become the first jurisdiction in Canada to formally implement the United Nations Declaration on the Rights of Indigenous Peoples.

The bill was approved unanimously in the legislature on Tuesday. 

"Today, we have made history," the Ministry of Indigenous Relations and Reconciliation and the First Nations Leadership Council said in a joint statement. 

The bill mandates the provincial government to bring its policies and laws into harmony with the aims of the UN Declaration on the Rights of Indigenous Peoples.

Bill 41 was developed by the provincial government together with the First Nations Leadership Council to uphold Indigenous rights and create stronger communities, said the statement. 

Any future changes needed to comply with the UN declaration will be done in consultation and collaboration with Indigenous peoples, the joint statement added. 

Indigenous leaders across the province had urged the official Opposition to allow passage of the legislation for a new relationship between the province and First Nations.

Before the legislation was approved, the First Nations Leadership Council had expressed concerns about the bill being stalled in committee, noting it had been at that stage since Oct. 30. 

  • ANALYSIS

    What does 'implementing UNDRIP' actually mean?

"Our province has been limited by the uncertainty of litigation," B.C. Green MLA Adam Olsen, who is a member of Tsartlip First Nation, said in a news release.

"And now, rather than conflict there is an opportunity of increased collaboration and of economic prosperity that is fairer for everyone," he added. 

The legislation is now enshrined in provincial law. 

OKT Law: BC Bill 41, A Promising Start to Implementing UNDRIP

The Province of British Columbia is likely to be the first government in Canada to pass legislation to implement the UN Declaration on the Rights of Indigenous Peoples. Bill 41 – 2019 –the Declaration on the Rights of Indigenous People’s Act—establishes an important new legal framework to advance reconciliation that is likely to make a meaningful difference in how long-standing conflicts between the Indigenous peoples and the Crown governments are resolved.

Tyee: Celebrations as BC Government Moves to Adopt UN Declaration on Indigenous Rights

There was a celebratory atmosphere at the British Columbia legislature today as the government moved to recognize Indigenous rights, though several speakers cautioned it was one step in a long ongoing process.

“It’s about ensuring that fundamental human rights in this province are for everyone,” Premier John Horgan told reporters. “This is a stepping stone to a brighter future… This is not an event, it’s not a moment, this is the start of a process to build relationships that we all want to see.”

CBC: What does 'implementing UNDRIP' actually mean?

B.C.'s promised bill on Indigenous rights has been tabled in the legislature, and if passed, the province will be the first in Canada to legally implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Since the province committed to the legislation more than a year ago, a team from the Ministry of Indigenous Relations and Reconciliation has been working with the First Nations Leadership Council to draft the historic bill.