Yes, B.C.’s Land Act changes give First Nations veto over use of Crown Land

Nathan Cullen says there’s no veto. Cullen, British Columbia’s Minister of Water, Land, and Resource Stewardship, plans to give First Nations joint decision-making authority over Crown land. His NDP government recently opened consultations on its proposal to amend the B.C. Land Act, under which the minister grants leases, licences, permits, rights-of-way and land sales. The amendments will give legal effect to agreements with Indigenous governing bodies. Those agreements will share decision-making power “through joint or consent models” with some or all of B.C.’s more than 200 First Nations.

Yes, First Nations will have a veto.

Cullen denies it. “There is no veto in these amendments,” he told the Nanaimo News Bulletin last week. He accused critics of fearmongering and misinformation. “My worry is that for some of the political actors here on the right, this is an element of dog-whistle politics.”

But Cullen has a problem. Any activity that requires your consent is an activity over which you have a veto. If a contract requires approval of both parties before something can happen, “no” by one means “no” for both. The same is true in other areas of law such as sexual conduct, which requires consent. If you withhold your consent, you have vetoed the activity. “Joint decision-making,” “consent,” and “veto” come out to the same thing.

Land use decisions are subject to the same logic. The B.C. government will give First Nations joint decision-making power, when and where agreements are entered into. Its own consultation materials say so. This issue has blown up in the media, and the government has hastily amended its consultation webpage to soothe discontent (“The proposed amendments to the Land Act will not lead to broad, sweeping, or automatic changes (or) provide a ‘veto.’”) Nothing to see here folks. But its documentation continues to describe “shared decision-making through joint or consent models.”

These proposals should not surprise anyone. In 2019, the B.C. legislature passed Bill 41, the Declaration of the Rights of Indigenous Peoples Act (DRIPA). It requires the government to take “all measures necessary” to make the laws of British Columbia consistent with the United Nations Declaration on the Rights of Indigenous People (UNDRIP).

UNDRIP is a declaration of the U.N. General Assembly passed in 2007. It says that Indigenous people have “the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired… to own, use, develop and control.”

On its own, UNDRIP is non-binding and unenforceable. But DRIPA seeks to incorporate UNDRIP into B.C. law, obligating the government to achieve its aspirations. Mere consultation with First Nations, which Section 35 of the Constitution requires, won’t cut it under UNDRIP. Under Section 7 of DRIPA, agreements to be made with indigenous groups are to establish joint decision-making or to require consent of the Indigenous group. Either Cullen creates a First Nations veto or falls short of the goalposts in DRIPA. He is talking out of both sides of his mouth.

Some commentators warned against these dangers long ago. For example, shortly after DRIPA was passed in 2019, Vancouver lawyer Robin Junger wrote in the Vancouver Sun, “It will likely be impossible for government to live up to the expectations that Indigenous groups will now reasonably hold, without fundamentally affecting the rights and interests of third parties.” Unfortunately, few wanted to tackle that thorny question head on at the time. All three political parties in B.C. voted in favour of DRIPA, which passed unanimously.

For a taste of how Land Act changes could work, ask some B.C. residents who have private docks. In Pender Harbour, for instance, the shishalh Nation and the province have jointly developed a “Dock Management Plan” to try and impose various new and onerous rules on private property owners (including red “no go” zones and rules that will make many existing docks and boat houses non-compliant). Property owners with long-standing docks in full legal compliance will have no right to negotiate, to be consulted, or to be grandfathered. Land Act amendments may hardwire this plan into B.C. law.

Yet Cullen insists that no veto will exist since aggrieved parties can apply to a court for judicial review. “[An agreement] holds both parties—B.C. and whichever nation we enter into an agreement (with)—to the same standard of judicial review, administrative fairness, all the things that courts protect when someone is going through an application or a tendering process,” he told Business in Vancouver.

This is nonsense on stilts. By that standard, no government official has final authority under any statute. All statutory decisions are potentially subject to judicial review, including decisions of Cullen himself as the minister responsible for the Land Act. He doesn’t have a veto? Of course he does. Moreover, courts on judicial review generally defer to statutory decision-makers. And they don’t change decisions but merely send them back to be made again. The argument that First Nations won’t have a veto because their decisions can be challenged on judicial review is legal jibber jabber.

When the U.N. passed UNDRIP in 2007, people said they can’t be serious. When the B.C. legislature passed DRIPA in 2019, people said they can’t be serious. The B.C. government now proposes to give First Nations a veto over the use of Crown land. Don’t worry, they can’t be serious.

Author:

Bruce Pardy

Professor of Law, Queen’s University

Related Topics:#BCCrownLand #BCLandAct #BrucePardy #FraserInstitute

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Published on November 13, 2025

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From the Fraser Institute

By Jock Finlayson

At a time when Canadians are grappling with epic housing supply and affordability challenges, the data show that homebuilding continues to come up short in some parts of the country including in several metro regions where most newcomers to Canada settle.

In both the Greater Toronto area and Metro Vancouver, housing starts have languished below levels needed to close the supply gaps that have opened up since 2019. In fact, the last 12-18 months have seen many planned development projects in Ontario and British Columbia delayed or cancelled outright amid a glut of new unsold condominium units and a sharp drop in population growth stemming from shifts in federal immigration policy.

At the same time, residential real estate sales have also been sluggish in some parts of the country. A fall-off in real estate transactions tends to have a lagged negative effect on construction investment—declining home sales today translate into fewer housing starts in the future.

While Prime Minister Carney’s Liberal government has pledged to double the pace of homebuilding, the on-the-ground reality points to stagnant or dwindling housing starts in many communities, particularly in Ontario and B.C. In July, the Canada Mortgage and Housing Corporation (CMHC) revised down its national forecast for housing starts over 2025/26, notwithstanding the intense political focus on boosting supply.

A slowdown in residential construction not only affects demand for services provided by homebuilders, it also has wider economic consequences owing to the size and reach of residential construction and the closely linked real estate sector. Overall, construction represents almost 8 per cent of Canada’s economy. If we exclude government-driven industries such as education, health care and social services, construction provides employment for more than one in 10 private-sector workers. Most of these jobs involve homebuilding, home renovation, and real estate sales and development.

As such, the economic consequences of declining housing starts are far-reaching and include reduced demand for goods and services produced by suppliers to the homebuilding industry, lower tax revenues for all levels of government, and slower economic growth. The weakness in residential investment has been a key factor pushing the Canadian economy close to recession in 2025.

Moreover, according to Statistics Canada, the value of GDP (in current dollars) directly attributable to housing reached $238 billion last year, up slightly from 2023 but less than in 2021 and 2022. Among the provinces, Ontario and B.C. have seen significant declines in residential construction GDP since 2022. This pattern is likely to persist into 2026.

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Carney and other world leaders should recognize world’s dependence on fossil fuels

Published on November 11, 2025

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From the Fraser Institute

By Julio Mejía and Elmira Aliakbari

Simply put, despite trillions invested in the energy transition, the world is more dependent on fossil fuels today than when the United Nations launched its first COP. No wonder that ahead of COP30, leading voices of the net-zero-by-2050 agenda, including Bill Gates, are acknowledging both the vital role of fossil fuels on the planet and the failure of efforts to cut them.

On the heels of his first federal budget, which promises more spending to promote a “green economy,” Prime Minister Carney will soon fly to Brazil for COP30, the 30th United Nations climate summit. Like the former Trudeau government, the Carney government has pledged to achieve “net-zero” emissions in Canada—and compel other countries to pursue net-zero—by 2050. To achieve a net-zero world, it’s necessary to phase out fossil fuels—oil, natural gas, coal—or offset their CO2 emissions with technologies such as “carbon capture” or large-scale tree planting.

But after trillions of dollars spent in pursuit of that goal, it appears more unrealistic than ever. It’s time for world leaders, including Canada’s policymakers, to face reality and be honest about the costly commitments they make on behalf of their citizens.

For starters, carbon capture—the process of trapping and storing carbon dioxide so it’s unable to affect the atmosphere—is a developing technology not yet capable of large-scale deployment. And planting enough trees to offset global emissions would require vast amounts of land, take decades to absorb significant CO2 and risk unpredictable losses from wildfires and drought. Due to these constraints, in their net-zero quest governments and private investors have poured significant resources into “clean energy” such as wind and solar to replace fossil fuels.

According to the International Energy Agency (IEA), from 2015 to 2024, the world’s public and private investment in clean energy totalled and estimated US$14.6 trillion (inflation-adjusted). Yet from 1995 (the first COP year) to 2024, global fossil fuel consumption increased by more than 64 per cent. Specifically, oil consumption grew by 39 per cent, natural gas by 96 per cent and coal by 76 per cent. As of 2024, fossil fuels accounted for 80.6 per cent of global energy consumption, slightly lower than the 85.6 per cent in 1995.

The Canadian case shows an even greater mismatch between Ottawa’s COP commitments and its actual results. Despite billions spent by the federal government on the low-carbon economy (electric vehicle subsidies, tax credits to corporations, etc.), fossil fuel consumption in our country has increased by 23 per cent between 1995 and 2024. Over the same period, the share of fossil fuels in Canada’s total energy consumption climbed from 62.0 to 66.3 per cent.

Simply put, despite trillions invested in the energy transition, the world is more dependent on fossil fuels today than when the United Nations launched its first COP. No wonder that ahead of COP30, leading voices of the net-zero-by-2050 agenda, including Bill Gates, are acknowledging both the vital role of fossil fuels on the planet and the failure of efforts to cut them.

Why has this massive effort, which includes many countries and trillions of dollars, failed to transition humanity away from fossil fuels?

As renowned scholar Vaclav Smil explains, it can take centuries—not decades—for an energy source to become globally predominant. For thousands of years, humanity relied on wood, charcoal, dried dung and other traditional biomass fuels for heating and cooking, with coal only becoming a major energy source around 1900. It took oil 150 years after its introduction into energy markets to account for one-quarter of global fossil fuel consumption, a milestone reached only in the 1950s. And for natural gas, it took about 130 years after its commercial development to reach 25 per cent of global fossil fuel consumption at the end of the 20th century.

Yet, coal, oil and natural gas didn’t completely replace traditional biomass to meet the surging energy demand as the modern world developed. As of 2020, nearly three billion people in developing countries still relied on charcoal, straw and dried dung to supply their basic energy needs. In light of these facts, the most vocal proponents of the global energy transition seem, at the very least, out of touch.

The world’s continued reliance on fossil fuels should prompt world leaders at COP30 to exercise caution before pushing the same unrealistic commitments of the past. And Prime Minister Carney, in particular, should be careful not to keep leading Canadians into costly ventures that lead nowhere near their intended results.