2020 brought significant challenges, and significant achievements and progress in Indigenous rights recognition.
This year the unprecedented global pandemic crisis brought overwhelming challenges, changing the way we engage and work, challenging us to do things differently, including negotiations and reconciliation. Each and all the parties are to be commended for responding to the challenges, adjusting, and maintaining focus and progress to finalize treaties, agreements, and other constructive arrangements.
As of March 2020, the federal government fulfilled its 2019 budget commitment to forgive all outstanding comprehensive claims negotiation loan debt across Canada. Indigenous peoples should never have had to borrow money to access negotiation processes for the recognition and protection of Indigenous lands and rights. The BC Treaty Commission commends the federal government for this significant achievement.
November 28, 2020, marked one year since the passage of Bill 41, the Declaration on the Rights of Indigenous Peoples Act (Declaration Act). With that passage, B.C. became the first province in Canada, and one of the first governments in the world, to enact legislation that implements the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The development of a joint plan to harmonize B.C. laws with UNDRIP presents more opportunity in the years ahead. This year concludes with the federal government tabling Bill C-15, an important step in national implementation of UNDRIP. The treaty commission is optimistic that this bill will have positive impacts on treaty negotiations in B.C. and encourages all members of Parliament to support its passage.
Implementation of UNDRIP and particularly the right to “free, prior and informed consent” is one of the most challenging commitments for negotiations and for resource development in B.C.
The vacating of power by the governments of Canada and British Columbia – through the constitutional mechanism of modern treaties – is consistent with good public governance and is unique in the world.
The province’s Declaration Act and federal Bill C-15 are additional tools to ensure government departments re-examine their authority and vacate jurisdictions to make greater space for Indigenous self-government. Modern treaties provide a structured and thoughtful process to do this important work.
Leading into 2021, we have a strong foundation for significant progress. We are pleased that in fall 2020, Premier John Horgan and the BC NDP were re-elected, continuing strong alignment between the federal and provincial governments on key Indigenous issues and our collective work towards reconciliation.
This is the challenge and opportunity for 2021.
The COVID-19 pandemic has affected us all. The greatest burden, however, is borne by those with insufficient health, safety and other infrastructure. In Canada, this is all too often the case in Indigenous communities.
The pandemic has highlighted the critical need to support Indigenous peoples to achieve self-government through modern treaties, ensuring they have constitutionally entrenched authority to protect their communities and people, and in doing so, protecting surrounding communities. The treaty commission will work diligently to ensure modern treaties contribute to the rebuilding of our communities as we emerge from this pandemic. •
Celeste Haldane is chief commissioner of the BC Treaty Commission.
