Evan Saugstad: My land, your land, our land … and now, no land?

FORT ST. JOHN, B.C. — In January, the BC NDP tabled legislation to give First Nations co-management rights for all provincial crown lands and its estimated 40,000 tenures. Not only did this proposed legislation come a surprise, but was also quietly tabled with no fanfare, no press release, and no advance knowledge for anyone, outside of a few in Premier Eby’s inner circle.

Not surprisingly, the reaction was swift and severe. At first, the Minister responsible, Nathan Cullen, offered up an excuse that involving no one else and trying to sneak it into the legislature was an oversite, but this would be good for BC and the country. The usual First Nations pundits were trotted out in support, but that is where the support ended.

Why would we give First Nations a “veto” when we know naught what the outcome will be? This was the reply from the opposition parties, most BC residents, and the business community. Minister Cullen states that co-management is not a veto — yes, it is, as managing by consensus is a de facto veto as when there is no agreement, nothing happens, nothing changes, and tenures are not renewed or issued.

Sensing a backlash in an election year, the legislation was quietly withdrawn and presumably left to re-surface post-election in the hopes they would be re-elected.

On April 14th, another surprise announcement, this time by Premier Eby himself, and again, with no prior announcements or legislative review. Premier David signed an agreement with the Haida Nation to transfer all provincial public lands in Haida Gwaii, with a promise that the BC taxpayer would continue paying for all government services. Predictably, there was a celebration on the islands from the Haida as they acknowledged they got back what was always theirs: lock, stock, and barrel. Notably absent from the celebrations were representatives from the island municipalities and the federal government.

Once again, the reaction was swift and severe. How could a Premier give away BC land with no concurrence or review by our legislature? How could BC sign such an agreement and then state details to follow as they figured out how to govern the soon-to-be-resultant mess? When asked why the federal government did not attend, Premier Eby stated he moved too fast for them to keep up.

Stepping back a bit, I agree with and recognize that our governments must address land claims (or the absence of them) and that BC’s 200+ First Nations have a right to land for their own use. Whether that be a bit, a lot, or all is the question to be answered and not one I will take on here. But signing off on a new process developed by a few in the Premier’s office and sidestepping the current Treaty process or courts, and with no prior thought, review or understanding by the BC legislature or BC public, is not the right step in reconciliation or direction.

On the other hand, so what, who cares, a few islands off the BC north coast, only a few settlers live there so what does it matter if the Haida now own it all, minus the privately owned lands and government infrastructure? Haven’t they been there longer than anyone else, and this is only fair? Buried in the celebrations were the Premier’s comments that this is the new way of doing business in BC, and from that, one can surmise that if he gets his way, he will continue down the path of signing away all provincial crown lands claimed as traditional land, which amounts for just about all of BC.

What I do know is that once ownership has changed, it will not be changed back with a stroke of a pen.

Before one thinks that this is a rant against Indigenous peoples, it is not. This is about our government’s innate ability to charge full speed ahead with no thought of the consequences and no outline or prior agreement of the principles and needs of the residents of BC. I can say with utmost confidence that very few BC residents would support the concept of converting all BC provincial lands to some form of private lands, 100% owned and managed by BC’s 200 + First Nations and 6% of our population.

I am not sure I can envision a BC with no provincially owned crown lands. I’m not sure most others could either, including BC’s Indigenous populations, as they come to realize they may/will be like everyone else, except for their access to lands owned and governed by their respective bands. The concept must also be terrifying for BC’s Metis as they are completely shut out of Eby’s new process.

For those who pay attention to history on what consolidating all lands in the hands of a few may mean, take a trip back and find out what happened in Europe when the Kings and Queens owned all the land and the “serfs” had to get permissions to do anything on the King’s lands. What happened on the 14th is not dissimilar, but more importantly, what happens tomorrow? Who will own the lands and make all the decisions regarding those lands? Will that 6% of the population tell the other 94% how BC is managed?

Certainly, our Premier will tell us all questions will be answered in the coming months (hopefully not past October’s election) as he attempts to negotiate an agreement with one First Nation and one that has the potential to change what BC’s future is and who we are. The problem is that this agreement will be with the permission of Haida and not with the agreement of our legislature or the support of the rest of BC.

Ideally, with enough public backlash in this election year, Premier Eby will think twice about blindly proceeding. But then again, this is who he is, who cares about the details, he gets to make the announcements, gets his face time on every news channel, and then walks away to leave the details to his minions to figure out.

And for those whose response is, “If you are so smart, what would you do? What alternatives do we have?”

If you do not wish to use the Treaty process and let the courts decide, then create a mandate with guidelines on what is important and acceptable for the residents of BC so that most everyone understands and supports each public land transfer, whatever the amount may be. This can be accomplished by openly involving the Legislature and with extensive consultations with all residents. I am positive the response to what BC should do with our provincial lands and what the future BC would look like would be overwhelming, and that is why Eby avoids it, as he has no trust in the people of BC’s ability to make the correct decisions about our own future.

Don’t think for one minute that NE BC’s current Treaty 8 would stay the same if Eby gets his way and has sole control of deciding what lands belong to all the residents of BC and what does not.